ISLAMABAD: The Election Commission of Pakistan (ECP) has issued detailed verdict regarding the disqualification of Chairman, Pakistan Tehreek-e-Insaaf (PTI) Imran Khan, in Toshakhana reference.
In its 36-pages detailed verdict, the ECP declared that it had been established after hearing all parties that the respondent [Imran Khan] had not complied with the provisions of Section 137 and 173 of the Elections Act,2017 and had made False declaration and incorrect statement before the Commission, therefore, he was also guilty of corrupt practices under Section 173 of the Elections Act,2017 and disqualification is attracted under Article 63(1)(P) of the Constitution read with Section 137 and 173 of the Elections Act,2017.
The ECP said that on the basis of record forwarded by the Speaker National Assembly and obtained by the Election Commission of Pakistan from Cabinet Division and bank statement of the respondent through State Bank of Pakistan, we are satisfied and are of the opinion that;
i. The respondent has deliberately concealed the material facts by not disclosing the details of gifts in statement of his assets and liabilities for the year 2018-19 nor has accounted for the sale proceed. He has also not provided details of the gift items as required under column number 3 of Form-B. He has also failed to annex the details of cash and bank account of the sale proceeds as required under column h(i)& of Form-B for which all the details of the gifted amount has to be mentioned. The amount allegedly received in his bank account does not commensurate with the assessed value of the gift items. Hence, the respondent has filed false statement and incorrect declaration in material particular for the financial year 2018-19.
ii. The Respondent has also made evasive and ambiguous statement in his written reply that the gifts purchased by him during the financial year 2019-20 were further 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 3. Therefore, it is established that he has deliberately concealed material facts and has submitted false declaration of his assets and liabilities in particular material which entails serious consequences under the Constitution and law.
iii. The respondent has intentionally and deliberately violated the provisions contained 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 section 137 and 173 of the Elections Act,2017.
The ECP declared that “as sequel to our abovementioned findings, facts available on record and keeping in view the argument of learned counsel for parties herein, we are of the considered opinion that the Respondent 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 further stated that as the respondent has made false statements and incorrect declaration, therefore he has also committed offence of corrupt practices defined under Section 167 and 173 of the Elections Act,2017, punishable under Section 174 of the Elections Act, 2017. Office is directed to initiate
legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017.
The 36 pages detailed verdict is attached below:
order toshakhana
