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Saturday November 23, 2024

To get ECP disqualification overturned: PTI chief moves IHC for suspension of Toshakhana verdict

Petition further states disqualification order by ECP was issued in “haste” despite the conviction not attaining “finality”

By Awais Yousafzai
October 06, 2023
Former Pakistans Prime Minister Imran Khan speaks during an interview with AFP at his residence in Lahore on May 18, 2023. — AFP
Former Pakistan's Prime Minister Imran Khan speaks during an interview with AFP at his residence in Lahore on May 18, 2023. — AFP

ISLAMABAD: In a bid to overturn his disqualification by the Election Commission of Pakistan (ECP), Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Thursday challenged the trial court verdict in the Toshakhana case in the Islamabad High Court (IHC).

In the plea, the PTI chief’s lawyers contended that they had requested the IHC to completely suspend the trial court verdict that had convicted their client in the Toshakhana case. However, it added that the IHC in its August 28 verdict only suspended the sentence of the PTI chief and not the trial court order.

The petition further contends that Khan’s “rights” faced “serious prejudice” because of the non-suspension of the trial court verdict as ECP had barred him from contesting elections.

The petition further states that the disqualification order by the ECP was issued in “haste” despite the conviction not attaining “finality”.

The petition urged the court to suspend the verdict in the “interest of justice”.

In August of this year, the ECP disqualified the PTI chairman for five years following his conviction in the Toshakhana case.

In a notification, the electoral watchdog stated that the PTI chief was disqualified after being found guilty of corrupt practices under Section 167 of the Elections Act, 2017 and his sentencing for three years. The ECP also de-notified Khan as the “returned candidate” from NA-45 Kurram-I.

However, the same month, IHC suspended Khan’s sentence but his conviction and disqualification remained intact until the court decides on the main appeal.

The IHC in the short verdict had also directed the authorities to release the PTI chief on bail. However, he was not released as the authorities booked him in the cipher case.

Meanwhile, PTI Chairman Imran Khan filed a new petition in Official Secrets Act court in the matter of arranging his telephonic talks with his sons.

The court summoned report from superintendent Adiala Jail on this matter. Counsel for PTI chairman appeared in the court of Judge Abual Hasnat Zulqarnain.

Imran requested the court to issue new orders to superintendent Adiala Jail for arranging telephonic conversation of his sons Qasim and Suleman with him.

Judge Abual Hasnat Zulqarnain remarked the previous application regarding telephonic conversation became ineffective because the former prime minister was shifted to the Adiala Jail.

The counsel, Sheeraz Ranjha, informed the court that superintendent Attock Jail had said last time that he cannot arrange telephonic conversation of criminals. Superintendent Adiala Jail should be given fresh instructions for arranging telephonic talks.

The court sought a report from superintendent Adiala Jail till October 10 regarding chairman PTI telephonic talks with his sons.

Meanwhile, IHC served notices on respondents in a petition filed by Bushra Bibi seeking security for chairman PTI in jail.

Chief Justice Aamer Farooq, hearing the case, remarked that the court would pass an order as per its provision only.

The petitioner’s lawyer, Sardar Latif Khosa, said that the provision of home food should be allowed to chairman PTI in jail. The lawyer said that it was difficult for chairman PTI to offer prayer in a jail cell. The court served notices on respondents and adjourned the hearing for one week.