ISLAMABAD: The Islamabad High Court (IHC) on Wednesday wondered whether a disqualified person could head a political party.

An IHC larger bench posed this question to the counsel for a petitioner seeking disqualification of Imran Khan for concealing his alleged daughter in the nomination papers that the PTI chief submitted for contesting elections.

The bench — comprising Chief Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Arbab Muhammad Tahir — asked the counsel for petitioner Mohammad Sajid to conclude the arguments on the maintainability of the petition by next week.

During the hearing, Justice Farooq asked Hamid Ali Shah, who represented Mr Sajid, to explain the consequences of submitting a false affidavit before the returning officer at the time of filing of nomination papers.

Imran’s counsel says ECP rejected similar references against PTI chief in the past

The counsel cited a Supreme Court’s judgement that made the filing of an affidavit containing details of dependents and assets mandatory for a candidate.

He said that filing of a false affidavit or concealing anything from the returning officer was contemptuous for which a returned candidate could be disqualified, adding that a disqualified lawmaker could not remain the head of a political party.

Salman Akram Raja, counsel for Imran Khan, on the other hand, insisted that the petition was not maintainable as Mr Khan had already been disqualified from NA-95 in the Toshakhana reference by the Election Commission of Pakistan (ECP).

He pointed out that the ECP in the past had examined the same allegations and rejected references against the PTI chairman.

Rebutting the argument, Mr Shah said the PTI chief was still a member of parliament as he had been declared a returned candidate on seven seats and the ECP had also notified him as returned candidate from Kurram tribal district and he was required to take oath of his office to sit in the parliament.

The lawyer further said that by not taking the oath Mr Khan could not avail certain privileges, but he remains a lawmaker.

He pointed out that Chaudhry Nisar Ali Khan had not taken the oath as yet, but he is still a member of the Punjab Assembly. Likewise, he said, Finance Minister Ishaq Dar also took the oath over four years after he was elected to the Senate.

The counsel representing the ECP informed the court that the commission in 2004 took up the reference seeking Mr Khan’s disqualification for concealing his alleged daughter. He, however, claimed that the matter was not disposed of on merit.

The court directed him to submit copies of the ECP’s proceedings along with the orders.

Further hearing of the case was adjourned till March 8.

Published in Dawn, March 2nd, 2023