Toshakhana case: ECP disqualifies Imran for 5 years after conviction

ISLAMABAD: In a major development, the Election Commission of Pakistan (ECP) on Tuesday disqualified former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan for five years under Article 63(1)(h) and also de-notified him as a returned candidate from NA-45 Kurram-I.

The ECP, in its order, said that as a consequence of his conviction, Imran Khan has been disqualified also under Section 232 of the Elections Act 2017. The section says, “Disqualification on account of offences:— Where a person has been convicted for any offence under this Act or has been found guilty of any corrupt or illegal practice by a Tribunal, he shall if the Commission is of the view that circumstances so warrant and makes an order to that effect, be disqualified for such period not exceeding five years as may be specified in the order from being, or being elected as a Member of an Assembly, the Senate or a local government.”

The ECP issued a notification to this effect, citing the additional sessions judge’s conviction of the PTI chairman in the Toshakhana case, which was handed down on August 5. “In pursuance of the judgement dated August 5, 2023, handed down by the additional sessions judge Islamabad (West), in case No1, 2022 titled as District Election Commissioner Islamabad versus Imran Khan Niazi, whereby Imran Ahmad Khan Niazi has been found guilty of corrupt practices under Section 167 of the Elections Act 2017 and has been convicted and sentenced under Section 174 of the Act to three years simple imprisonment, with fine of Rs1 lakh as consequence.

“Imran Ahmad Khan Niazi has become disqualified under Article 63(1)(h) of the Constitution of the Islamic Republic of Pakistan read with Section 232 of the Elections Act, 2017,” the notification says, a copy of which is available with The News. It says, “Therefore, Imran Ahmad Khan Niazi is disqualified for a period of five years and is also de-notified as a retuned candidate from NA constituency-45 Kurram-I.”

A local court had on Saturday last sentenced Imran to three years of imprisonment and imposed a fine of Rs100,000 on him while hearing the ECP’s criminal complaint against the former prime minister for concealing the details of Toshakhana gifts. The court found him guilty of “corrupt practices by hiding the benefits he accrued from the national exchequer willfully and intentionally”.

The court had said in its order, “He [Imran] cheated while providing information of gifts he obtained from Toshakhana which later proved to be false and inaccurate. His dishonesty has been established beyond doubt.”

The PTI chairman was afterwards arrested by the Punjab Police from his Zaman Park residence in Lahore and put in Attock jail.

The ECP judgment noted that Imran technically stood disqualified from holding any public office for five years under Article 63(1)(h) of the Constitution, which says, “a person shall be disqualified from being elected or chosen as, and from being, a member of the Parliament if he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release”.

The National Assembly speaker had sent a reference against Imran to the ECP, whereas a group of PMLN legislators had moved the commission, by filing a complaint, alleging that Imran had deliberately concealed details of the gifts he retained from the Toshsakhana during his time as the prime minister and proceeds from their reported sales.

The Toshakhana rules make it binding that gifts/ presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division. In October last year, the ECP, in its verdict, concluded the ex-prime minister had indeed made ‘false statements and incorrect declarations’ regarding the gifts. The commission issued an order, which said that Imran stood disqualified under Article 63(1)(p) of the Constitution. Subsequently, the ECP had approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.

On the other hand, PTI rejected the disqualification of its chairman and announced to challenge it in the Supreme Court. The PTI spokesman said, “We reject the notification of the Election Commission of Pakistan, we will challenge it before the Supreme Court.”

He contended that the ECP notification was an example of unnatural and illegal interference in the projects and politics made behind closed doors, alleging the commission’s bias towards the PTI and its chairman is not hidden from the nation. The people, he pointed out, also reject any attempt to implement the “minus-one” formula in a hurry based on the biased decision resulting from, what he called, a controversial trial. He alleged the ECP is a key facilitator in the plan to postpone the elections, destroy democracy and deviate from the Constitution.

“The Supreme Court’s decision of April 4 tells the story of playing with the Constitution of the ECP. The time has come for the Supreme Judicial Council to hear the pending reference against the chief election commissioner and give a decision,” he said. The spokesman said that efforts to oust the real leadership of the masses from politics will fail.

Meanwhile, PTI Core Committee unanimously passed a resolution making PTI founder Imran Khan as the lifetime chairman of the party.

The meeting of the core committee was held here and the participants were given a detailed briefing on the appeal against the Toshakhana decision, by the legal team and lawyers who met the PTI chairman, and other related matters.

Moreover, the PTI announced to challenge the decisions of the Council of Common Interests (CCI) on the digital census in the Supreme Court with the approval of PTI chairman. The participants agreed that they would strongly resist legally and politically all the polls delaying tactics.

They insisted that it was an obligation on the part of caretakers and ECP to hold elections within the constitutionally-mandated 90 days after the dissolution of the National Assembly.

The participants decided that they would challenge the amendments made in the Official Secrets Act in the apex court to protect fundamental rights and personal freedoms.

The PTI Core Committee expressed the resolve to foil attempts of the government and to safeguard the rights and personal freedom of the people at all costs. They said that any attempt to deprive the PTI of the electoral symbol Bat would be robustly resisted and be challenged on legal and political fronts because the election symbol of Bat was their party’s right.

PTI senior leader and legal expert Babar Awan said PTI Chairman Imran Khan was being kept in an untidy death cell, measuring 8x8, under atrocious conditions.

According to PTI Central Media Department, the PTI senior leader said that a legal team met the former prime minister Imran Khan in Attock Jail who narrated that what was being portrayed was disinformation and a lie because the ground situation spoke otherwise, as he was kept in an insect-ridden cramped room and being denied privileges that he was entitled to as a former prime minister of the country.

He went on to say that the conditions in which the PTI chairman was kept inside the jail were terrible, as there was no sanitation system, adding that no one had been given access to the place where he was imprisoned.

In a related development, the Federal Investigation Agency (FIA) arrested Imran Khan’s lawyer Naeem Haider Panjotha. The FIA had summoned Panjotha for using derogatory remarks on Twitter against Humayun Dilawar, sessions judge, Islamabad, who awarded imprisonment to Imran Khan. The FIA officials, on condition of anonymity, confirmed to The News that Panjotha had been arrested after the completion of inquiry.

However, some top-ranking officers avoided confirming the arrest, saying that two stages before the arrest have to be completed, including completion of the course of investigation with concrete evidence and lodging of FIR on the basis of evidence collected during the inquiry.

PTI lawyer Sher Afzal Khan Marwat tweeted that Panjotha’s clerk had confirmed the arrest but it was not clear whether it was a formal arrest or not as the First Information Report cannot be registered directly and without permission of Islamabad High Court.

“Naeem Haider Panjotha Adv has reportedly been arrested by FIA. He went to FIA headquarters to join inquiry in Humayun Dilawar’s Facebook posts,” the PTI leader tweeted.

Marwat said that Panjotha’s arrest “would unite the legal fraternity” and would not stop the PTI chairman’s legal team from discharging their “professional obligations”.

On the direction of the IHC, the Cybercrime Circle of FIA had launched an inquiry against Panjotha and had directed him to appear before the inquiry team at the Cybercrime Reporting Centre in Islamabad on Tuesday. In the summon, the inquiry officer had asked the lawyer to clear his position in the interest of justice for a fair trial.

Last week, the IHC referred the “controversial” Facebook posts of Judge Dilawar — who sentenced PTI chief Imran Khan in the Toshakhana case — to the FIA. Separately, FIA Cybercrime Circle summoned another of Imran Khan’s lawyers Khawaja Haris to appear before the inquiry team to join the investigation initiated against him, the FIA sources confirmed. The FIA issued summon under section 160 CrPC to appear in FIA Cybercrime Reporting Centre at G/13-3, on Wednesday, August 9, at 2 pm.

Meanwhile, Imran Khan is “reportedly” worried about being held in prison. According to jail sources, Imran, during his meeting with his lawyers, asked them to get him out of prison as he does not want to remain incarcerated, Geo News reported. According to the sources, Imran’s viral videos on social media are fake.