On Friday, the Election Commission of Pakistan (ECP) disqualified Imran Khan in the Toshakhana reference under Article 63(1)(p) for “false assertions and erroneous declaration,” sparking protests in multiple locations.
The verdict against the PTI chairman is a major setback for the party, which a few days earlier swept by-elections across the nation, following its spectacular success in the Punjab by-elections in July — both of which were viewed as evidence of public support for the deposed former prime minister.
The written ruling, states that the respondent “intentionally and deliberately” violated the provisions of sections 137, 167, and 173 of the Elections Act, 2017, as he “has made a false statement and incorrect declaration before the Commission in the statement of assets and liabilities filed by him for the year 2020-21.”
Consequently, he is disqualified under Article 63(1)(p) of the Constitution and sections 137 and 173 of the Elections Act of 2017, it was stated.
The ECP ruling continues by stating, “we are of the considered opinion that the respondent has become disqualified under Article 63(1)(p) of the Constitution read with Sections 137,167 and 173 of the Elections Act, 2017; therefore, he ceases to be a member of the National Assembly of Pakistan and his seat has become vacant accordingly.
As the defendant “has made false statements and erroneous declarations,” he has also committed the “offense of corrupt practices” as specified in sections 167 and 173 of the Elections Act, 2017, which is punished under section 174 of the Elections Act, 2017.
“The office is directed to commence legal procedures and take further measures by Section 190(2) of the Elections Act of 2017,” stated the judgment.
Article 63 (1)(p) of the Constitution stipulates that a person is “temporarily prohibited from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a provincial assembly under any law now in force.”
By a prior ruling by the apex court, Imran might lose his position as PTI chairman following the ECP’s decision.
The Supreme Court declared in February 2018 that a person disqualified under Articles 62 and 63 of the Constitution could not serve as the head of a political party.
The apex court’s verdict was in response to petitions challenging the Elections Act 2017, which had been rammed through parliament to pave the way for Nawaz Sharif’s return to the PML-helm N’s as party president after he had been deemed unfit to hold public office in the Panama Papers judgment for not being ‘honest’ and ‘truthful’ in discharging his responsibilities as a lawmaker — both necessary conditions to hold public office under (f).
“…it is declared that any person who lacks qualification under Article 62 or disqualification under Article 63 of the Constitution is disqualified from holding the position of ‘party head’ by whatever name called and from exercising any of the powers provided in Article 63-A of the Constitution, as ‘party head’ or any other power in the said capacity under any law, rule, regulation, statute, instrument, or document of any political party,” the judgment states.
Uncertainty regarding disqualification
This was mostly viewed by legal experts as Imran being disqualified till the conclusion of the current National Assembly (NA) term.
As a result, he has been disqualified from the National Assembly, and by-elections could be held for the seat he left.
Gohar Khan, one of Imran Khan’s attorneys, told AFP that the ECP “had decided that Imran Khan engaged in corrupt acts” and that he has been disqualified for five years.
We would contest it immediately before the Islamabad High Court.
Asad Umar, the leader of the Pakistan Tehreek-e-Insaf (PTI), tweeted that the judgment would be fought in court because “a Pakistan without Imran would always be a fantasy.”
Barrister Asad Rahim Khan told that it would be premature to comment before reading the judgment, considering the vagueness surrounding the provision under which Imran Khan was disqualified.
As the ECP is not a court of law, the judgment would have been ruled null and void under Article 62(1)(f).
“Left to the even more restricted parameters of Article 63, the ECP’s judgment can only be explained as part of the ridiculous series of events this country has witnessed since March, and not by any concrete legal logic.”
Meanwhile, the official PTI Twitter account posted a photo of a happy Imran Khan holding his prayer beads, stating that it was taken just seconds earlier.
At the ECP Secretariat in Islamabad, a four-member bench led by Chief Election Commissioner (CEC) Sikander Sultan Raja announced the judgment.
The five-member bench concluded unanimously. However, the Punjab representative was absent from today’s statement.
According to the verdict, misrepresentation charges will be brought against Imran.
Law minister presser
Law Minister Azam Nazeer Tarar explained at a press conference in Islamabad that if there were objections to the conduct or election of an individual after their election, there were two options: approaching the election tribunal within 45 days of the election, or disqualification as stated in Article 63-A after that period.
“In this scenario, disqualification was the only remedy,” he stated, accusing the PTI leader of performing “illegal actions” following his election.
The PML-N senator further asserted that all of the evidence in the case was documentary and that the ECP found Imran guilty of “corrupt activities” based on this evidence.
“The ECP has now referred his case to the competent court for criminal proceedings,” he continued.
He also accused PTI “mobs of invading towns” and, as a result, causing unrest in the aftermath of the judgment. What transpired outside the ECP today – you did not hesitate to open fire on us.
According to the minister, action is being taken about these claimed actions by PTI employees.
He added, addressing Imran Khan, “Your theft has been discovered, and you must now face the law.” Leading crowds, marching on cities, and opening fire are inappropriate for a national leader.”
Alongside Tarar, PML-N MNA Mohsin Shahnawaz stated that today was a “great day” for the nation because it had achieved “liberation from a fitna.”
“The law has prevailed today,” he continued.
He also said that PTI employees attempted a “fatal assault” on PML-N politicians, including himself, outside the ECP today. Even more, they opened fire. As I was leaving, I heard gunfire,” he stated, adding that he will file a lawsuit against them and Imran.
Shahnawaz added that video footage of the purported incident was available. “We will put you in jail before you are punished by the ECP,” he threatened.
According to him, the PTI erroneously believed that it could intimidate and exert pressure on them using these strategies.
“But we will not be intimidated or retreat. This is the initial example. We will file other suits. Today was merely the premiere,” he continued.
He vowed to respond appropriately to “what transpired at the ECP’s gates today.”
Protests were reported in several places.
It was reported that there were demonstrations in Islamabad, Lahore, Peshawar, and Karachi. In Peshawar, the footage shown on DawnNewsTV showed burning tires, while in Islamabad, police were seen attempting to subdue protesters. At one time, a white mist, which appeared to be tear gas, was also visible.
Workers from the PTI rallied at the Faizabad intersection, where police prevented them from proceeding to Islamabad. As demonstrators advanced, cops began firing their weapons.
Additionally, PTI employees barricaded Murree Road with burning tires.
In Rawalpindi, PTI members demonstrated in the constituency of Punjab minister Raja Basharat, Bakra Mandi Chowk. Party members chanted slogans in opposition to the ECP’s ruling.
The Reference
The coalition government filed the reference against Imran in August for “not providing information” about Toshakhana gifts and earnings from their purported sale. Lawmakers from the ruling coalition, the Pakistan Democratic Movement, presented the reference to National Assembly Speaker Raja Pervaiz Ashraf, who then forwarded it to Chief Election Commissioner (CEC) Sikander Sultan Raja.
The Toshakhana is a department under the administrative jurisdiction of the Cabinet Division that houses valuable gifts given to monarchs, MPs, bureaucrats, and officials by foreign dignitaries and the heads of other countries and nations.
According to Toshakhana regulations, those to whom these restrictions apply must disclose gifts and other such items to the Cabinet Division.
However, while in government, the PTI was unwilling to divulge specifics of the presents offered to Imran since he took office in 2018, arguing that doing so would jeopardize international relations, despite being mandated to do so by the Pakistan Information Commission (PIC).
Later, on September 8, Imran confirmed in a written response to the ECP that he had sold at least four gifts he had received during his time as prime minister.
In his response, the former prime minister stated that the sale of the gifts he obtained from the state treasury after paying Rs21.56 million yielded approximately Rs58 million. One of the gifts consisted of a Graff wristwatch, a pair of cuff links, an expensive pen, and a ring, while the other three packages each contained four Rolex watches.
PTI leaders urge the populace to demonstrate ‘their rights
PTI leader Fawad Chaudhry, speaking to the media outside the ECP shortly after the verdict was announced, urged the public to leave their houses “for their rights.”
He referred to the ECP’s decision as a “slap in the face of 220 million people” and declared, “Today marks the beginning of the revolution.”
“Not just anyone cannot disqualify Imran Khan. “Only the public can accomplish it,” stated the PTI leader.
He claimed that the verdict issued today was “authored by Nawaz Sharif and signed by his minions.”
People are opposed to this decision.
Alongside him, PTI leader Shahbaz Gill stated that the PTI would challenge the verdict in “every venue.” “Imran was disqualified from a single seat, not from politics,” he stressed.
Before the ECP’s announcement, a television video showed PTI leaders scaling the fence to enter the commission’s secretariat.
Other leaders were also unambiguous in their disapproval, taking to social media to express their outrage.
The ECP has executed justice.
Premier Shehbaz Sharif responded to the verdict by stating that the ECP had dispensed justice.
“The nation has witnessed the prime minister’s office being used as a source of personal profit through unscrupulous actions. The idol of “Sadiq and Ameen” has been destroyed, he tweeted, urging Imran to submit to the law rather than “contesting the law, carrying clubs, firing guns, and bringing mobs.”
He stated, “No one is above the law.”
Vice President of the PML-N Maryam Nawaz stated, “Pakistan’s first certified liar and the certified thief has been disqualified with overwhelming evidence of theft.”
She noted, however, that the punishment should extend beyond his disqualification alone.
Bilawal Bhutto Zardari, chairman of the PPP, tweeted that the ECP had found Imran Khan guilty of “corrupt practices.” “He is currently disqualified. “He has been caught red-handed spreading misinformation about the alleged corruption of his political opponents,” he continued.
In a media briefing regarding UAE help, it was stated that “this is just the beginning” and that “more such decisions will follow.” In addition, he advised Imran to retire and spend the remainder of his days in Banigala.
Security precautions
A huge number of police, Rangers, and Frontier Corps personnel were stationed at the ECP’s office in advance of Friday’s ruling, along with other security personnel.
Irfan Nawaz Memon, Deputy Commissioner of Islamabad, also visited the office to check security measures.
The Election Commission of Pakistan (ECP) submitted a letter to the Islamabad police on Thursday, demanding “ironclad protection” within and outside the organization’s facilities for the whole day to “prevent any untoward incident.” In addition, the letter requested the provision of two security employees in civilian attire and a traffic officer.
The ECP emphasized that all required security measures be implemented, notably within the ECP secretariat building, and considered the subject as “very important.”
PTI criticizes ECP before the verdict
Ahead of the verdict, PTI leaders stepped up their criticism of the ECP, reiterating their claims that the election watchdog is biased against them.
Barrister Ali Zafar, Imran’s attorney, held a press conference in Islamabad hours before the verdict and presented legal arguments in favor of the PTI chairman.
He referred to a recent statement by the Chief Justice of Pakistan, Umar Ata Bandial, in which he stated that Article 62(1)(f) of the Constitution could only be used to permanently disqualify a lawmaker through a court order.
The attorney argued, “Since the ECP is not a court, it cannot issue the declaration.”
In addition, he stated that there was no court decision stating that Imran was not “Sadiq” and “Ameen” (truthful and righteous). In reality, he added, a previous court judgment determined that charges that Imran was not “Sadiq” and “Ameen” were without merit.
“What authority did the [NA] speaker have to forward the reference to the ECP for proceedings under Article 62(1)(f) when there was no such court ruling against Imran?” he questioned.
In addition, the attorney noted that if the ECP had to take action against Imran in the subject, it should have done so within the allotted 120-day period after the PTI head filed the details of his holdings in 2018. He said that the Elections Act required the ECP to act within 120 days.
Zafar anticipated that today’s ECP ruling would be consistent with the law.
Alongside him, PTI leader Shah Mahmood Qureshi cited multiple instances from the past, such as the “Sindh House saga”, the ECP’s proceedings in the prohibited funding case against the PTI, and the electoral watchdog’s inability to introduce electronic voting machines, to support his claim that the electoral watchdog is allegedly biassed against the PTI.
Moreover, referring to the PTI’s victory in the July 17 by-elections in Punjab and the recently held by-elections on NA seats, Qureshi stated that the PTI chief’s adversaries were aiming to “politically destroy him through lawfare”
Furthermore, we would not want Imran to be eliminated through unlawful means.
Regarding the ECP’s anticipated judgment on the Toshakhana reference, he stated that he anticipated the institution to uphold its constitutional duties and responsibilities. No one will be permitted to attempt to advance the minus-one formula.
When asked how the PTI would proceed if the ECP ruled against Imran, Qureshi responded that the party would explore its legal alternatives.
Previously, on Friday, PTI leader Shireen Mazari claimed in a tweet that the reference was a “political vendetta by [the] prejudiced ECP, led by [a] quisling CEC.”
“What the ECP should pursue are the Toshakhana automobiles in which Asif Zardari and Nawaz Sharif fled!”
Likewise, PTI leader Maleeka Bokhari tweeted, “Today, a biassed ECP will pronounce its judgment in the Toshakhana case. While corrupt politicians, including Nawaz and Zardari, have been given NRO-2, a politically motivated case is being pursued.”
PTI leaders and supporters expressed their support for the former prime minister using the hashtag “Imran Khan our red line” on Twitter in Pakistan on Friday morning.
In an apparent reference to the day’s events, Fawad Chaudhry, a leader of the Pakistan Tehreek-e-Insaf (PTI), tweeted, “Islamabad is today presenting the image of a fort under siege by a massive army.” This is only the beginning of the conflict, and they are already anxious. When millions of people encircle [you], there will be no way to escape. Don’t push things beyond the point of no return.”
The Reference
Barrister Mohsin Nawaz Ranjha, on behalf of MNAs Agha Hassan Baloch, Salahudeen Ayubi, Ali Gohar Khan, Syed Raaeeullah Agha, and Saad Waseem Sheikh, filed the reference against Imran, which was then referred to CEC Raja.
The ruling PML-N is convinced that Imran will be disqualified in the reference since, according to them, he has not reported the money he obtained through the suspected sale of official gifts in his assets.
In their disqualification reference, governing alliance MNAs presented documented evidence to substantiate their charges against the ex-prime minister and sought his disqualification under Sections 2 and 3 of Article 63, read with Article 62(1) of the Constitution (f).
Article 62(1)(f) states, “A person shall not be eligible to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless […] he is sagacious, upright and non-profligate, honest and Ameen, until a court declares otherwise.”
Article 63(2) states, “If any question arises as to whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days, and if he fails to do so within the aforesaid period, it shall be deemed to have been
Article 63(3) states: “The Election Commission shall consider the question within ninety days of its reception or deemed receipt, and if it finds that the member has been disqualified, he shall cease to be a member and his seat shall become empty.”
The case of Toshakhana
The PIC accepted a request from Islamabad-based journalist Rana Abrar Khalid and directed the Cabinet Division to “provide the requested information about the gifts received by [then] prime minister Imran from foreign heads of state, heads of government, and other foreign dignitaries… description/specification of each gift, information about the gifts retained by the PM, and the Rules under which gifts thus received are retained by him.”
The Cabinet Division was instructed to distribute the necessary information within ten business days and upload it on the official website.
Subsequently, the Cabinet Division argued before the Islamabad High Court (IHC) that the PIC order was “illegal, without legal authority.” The former government believed that the disclosure of any Toshakhana-related information would jeopardize international relations.
In April of this year, the IHC instructed Deputy Attorney General Arshad Kayani to ensure the implementation of the PIC decision to make public the gifts given to former prime minister Imran by heads of state since he assumed office in August of 2018.
