ECP disqualifies Imran over ‘corrupt practices’

ISLAMABAD: The Election Commission of Pakistan (ECP) Friday disqualified Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the Toshakhana reference, saying he had committed the offence of corrupt practices by making “false statements and submitting incorrect declaration”.

The ECP Member from Punjab, reportedly suffering from dengue fever, was not present at the time of announcement of the four-member unanimous decision. Notices were already issued to Imran Khan and others concerned a day earlier for Friday, while the decision was reserved on Sept 19.

The verdict reads, “We are of the considered opinion that the respondent (Imran Khan) has become disqualified under Article 63(1)(p) of the Constitution, read with Section 137, 167 and 173 of the Elections Act, 2017, consequently he ceases to be a Member of the National Assembly of Pakistan and his seat has become vacant accordingly.”

The ECP order says the respondent made false statements and incorrect declaration; therefore, he has also committed the offence of corrupt practices, defined under Section 167 and 173 of the Elections Act, 2017, punishable under Section 174 of the Elections Act, 2017. The office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017.

While referring to the record forwarded by the Speaker National Assembly Raja Pervaiz Ashraf and also obtained by the Election Commission from the Cabinet Division, and bank statement of the respondent through the State Bank of Pakistan, it said the respondent deliberately concealed the material facts by not disclosing details of gifts in the statement of his assets and liabilities for the year 2018-19 and the sale proceeds.

Likewise, the commission says, the respondent also did not provide details of the gift items required under column number 3 of Form-B. He also failed to annex the detail of cash and bank account of the sale proceeds, as required under column h of Form-B. The amount allegedly received in his bank account did not commensurate with assessed value of the gift items. Hence, the respondent filed false statement and incorrect declaration in material particular for the financial year 2018-19.

The ECP order said the respondent also made evasive and ambiguous statement in his reply that the gifts purchased by him during the financial year 2019-20 were gifted by him or on his behalf to others. However, the relevant column j(i) of form B is marked as N/A and there is no explanation in the remarks of column, establishing that he deliberately concealed material facts.

It continues, “The respondent has intentionally and deliberately violated the provisions contained in Section 137, 167 and 173 of the Elections Act, 2017, who has made false statement and incorrect declaration before the commission in the statement of assets and liabilities, filed by him for the year 2020-21. Hence, attracts disqualification under Article 63(1)(p) of the Constitution, read with sections 137 and 173 of the Elections Act, 2017.”

The verdict says the respondent submitted false declaration of his assets and liabilities in particular material which entails serious consequences under the Constitution and law. The Article 63(1)(p) of the Constitution reads, “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.”

Similarly, under Section 137 (4) of the Elections Act, “where a Member submits the statement of assets and liabilities which is found to be false in material particulars, he may, within 120 days from the date of submission be proceeded against for committing the offence of corrupt practice. A person is guilty of making or publishing a false statement or declaration if he makes or publishes a false statement or submits false or incorrect declaration in any material particular. Any person guilty of the offence of corrupt practice under Section 174 of the Act is to be punished with imprisonment for a term which may extend to three years or with fine which may extend to one hundred thousand rupees or with both.”

The offence of corrupt practices under the law is to be tried by a sessions judge and any aggrieved person may, within thirty days of the passing of the final order, file an appeal against the order in the high court, which shall be heard by a division bench of the high court. The proceedings against a person for being involved in corrupt or illegal practice may be initiated on a complaint made by a person or by the commission.

Now, following the verdict, Imran Khan ceases to be the PTI chairman as per a February 2018 judgment by the Supreme Court of Pakistan ruling that an individual disqualified under articles 62 and 63 of the Constitution could not head a political party.

Strict security measures were taken at the Election Commission Secretariat ahead of the verdict announcement with the police, Rangers and Frontier Corps personnel deployed in large numbers to tackle any disorder.

Much before the ECP’s announcement, TV channels showed footage of some senior PTI leaders scaling barricades and a gate to reach the Election Commission’s Secretariat. Soon after announcement of the ECP decision, roads in the federal capital became battlefields where the PTI protesters and police were seen attacking each other. The PTI supporters took to the streets and blocked the main entry and exit points in twin cities of Rawalpindi and Islamabad against the disqualification of Imran Khan by the ECP.

The PTI protesters blocked all roads with dividers and broke all handrails of Murree Road. The protesters completely locked down Rawalpindi and Islamabad. Police used teargas shelling to disperse the protesters while the PTI supporters pelted the police with stones. Several police officials and PTI supporters became unconscious due to the situation all around Rawalpindi and Islamabad.

The PTI supporters blocked the Faizabad Interchange, Murree Road, GT Road at Rawat and T-Chowk points, Highway Road at Sohan point, Expressway Road at Bara Kahu point and Srinagar Highway. The Metro Bus Authority (MBA) stopped the bus service in Rawalpindi and Islamabad due to the unrest. The PTI supporters burnt tyres to block all main roads. The protesters were raising slogans against the government and they also pelted passersby and private vehicles with stones.

Over 80 per cent public service vehicles (PSVs) also disappeared from roads due to the violence. Majority of business activities and petrol pumps stopped their businesses due to tense situation.

The long-route transporters faced problems because they failed to find a way out to reach their destinations. The PTI supporters were carrying sticks and stones in their hands, attacking common people and private vehicles freely.

The office-goers and second-shift school students also faced a very difficult situation. Parents were running here and there to bring their children back home.

The PTI supporters damaged public properties, entered the Metro stations to break windows and other equipment. All petrol pumps along the Murree Road were shut down because of the tense situation.

The law-enforcing agencies also arrested two armed policemen of Khyber-Pakhtunkhwa (KP) for their alleged involvement in firing at the Islamabad Police, and shifted them to the Secretariat police station, along with Saleh Mohammad, a member of parliament of PTI, who was accompanied by the armed policemen.

PMLN MNA Mohsin Shahnawaz Ranjha lodged a written complaint with the Secretariat police station, saying that he was targeted by a gunman of KP Police, but he narrowly escaped. He requested to lodge an FIR against the assailant. Later, the Secretariat police station registered an FIR No462/22, under various sections, including 7ATA.

Meanwhile, demonstrations broke out in different parts of the country against the ECP verdict. A large number of PTI workers and leaders gathered at the Insaf House, Karachi, and protested Imran’s disqualification.

The demonstrators blocked Shahrah-e-Faisal. However, a heavy contingent of police reached the spot to prevent the road from being blocked. The protest led to a gridlock on Shahrah-e-Faisal, inconveniencing the public. The police were telling the protesters not to disturb the flow of traffic, to which the PTI leaders replied that they were holding a rally. Following the traffic jams, the traffic police used alternative routes.

Later, the PTI workers and leaders recorded a peaceful protest. Addressing the crowd, PTI Sindh President and former federal minister Ali Haider Zaidi said he will sit outside the Election Commission Sindh office as Imran Khan was a red line for the party workers.

After Zaidi’s short speech, the protesters left for the Election Commission Sindh office where they staged a sit-in. The leaders and workers wore red ribbons onto their arms. To engage the workers, PTI Sindh Assembly Member Jamal Siddiqui said they will protest outside the Election Commission for an indefinite period and will follow the party’s decision to go to Islamabad.

Opposition leader in the Sindh Assembly Haleem Adil Sheikh said the ECP was not a court as per the Constitution of Pakistan, adding that no one could disqualify Imran Khan. He alleged that the commission was running on directions instead of following the Constitution.

Later, the PTI Sindh leaders announced protests in all districts of Sindh. In Lahore, PTI supporters and workers took to the streets in large numbers and protested against Imran’s disqualification.

Punjab Minister Dr Yasmin Rashid, MNA Andleeb Abbas, MPAs Saadi Sohail, Musarrat Jamshed Cheema and others condemned the ECP verdict and termed it an injustice. The demonstrations were held at Wahdat Road, Liberty Chowk, Mall Road, Muslim Town, Bhatta Chowk, Ferozepur Road. Holding banners, placards and party flags, PTI workers demanded resignation of Chief Election Commissioner Sultan Sikandar Raja.