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LAHORE: The Lahore High Court on Monday took up a challenge to a clause of the relevant law used by the election commission against Pakistan Tehreek-i-Insaf (PTI) chief Imran Khan in the Toshakhana reference.
The court issued notices to the federal government and the Election Commission of Pakistan (ECP) on a petition challenging the legitimacy of Section 137(4) of the Elections Act 2017 invoked by the ECP to de-seat Mr Khan from NA-95 Mianwali in the reference.
Jabir Abbas Khan, a voter from the constituency, filed the petition and cited the cabinet division, ministries of parliamentary affairs, interior and overseas and all the members of the ECP as respondents.
The petitioner’s counsel Azhar Siddique argued before the court that Imran Khan had been disqualified under sections 137(4) (power to prosecute for corrupt practice), 167 (corrupt practice) and 173 (making a false statement or declaration) of the election law, but in these sections, there was no mention of the word “disqualification”.
He further argued that not sharing the details of the Toshakhana gifts and proceeds from their sale did not lead to disqualification. It could occur only when the prosecution was commenced within 120 days of filing of nomination papers.
Also read: ECP owns 'disowned verdict' in Toshakhana case
The counsel explained that prosecution under Section 137 of the Act was only possible to be initiated within 120 days of the filing of false asset statements.
However, in Imran Khan’s case, the last such statement was filed on Dec 31, 2021. Therefore, the prosecution could have been initiated by April 30 this year, but it wasn’t.
He contended that the ECP verdict said Mr Khan attracted disqualification under Article 63(1)(p) of the Constitution read with sections 137 and 173 of the Elections Act. The ECP illegally and unlawfully disqualified Mr Khan under Section 137, which specified only a three-year punishment or fine or both, and not a disqualification.
The counsel asked the court to declare Section 137(4) of the Elections Act ultra vires to the Constitution and restrain the ECP from taking any action or proceedings in the matter during the pendency of the petition.
After hearing the arguments, Justice Sajid Mahmood Sethi sought replies from the respondents by Nov 11 and also sought assistance from the Punjab advocate general.
Published in Dawn, November 1st, 2022
Wajih Ahmad Sheikh is a Lahore-based journalist with over two decades of experience covering legal affairs and judicial developments. With a focus on transparency and accountability in the justice system, he reports extensively on proceedings from the Lahore High Court and district judiciary. He is on X at @wajihsheikh.
