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The Islamabad High Court (IHC) affirmed the disqualification of former Prime Minister and ex-chairman of PTI, Imran Khan, on Wednesday, maintaining the decision made by the Election Commission of Pakistan (ECP) in the Toshakhana case. Imran Khan’s plea to suspend his sentence in the case was dismissed by the court.
IHC Chief Justice Aamer Farooq announced the verdict, providing a summary of the case, with a more detailed judgment set to be released later. Additionally, the court turned down Imran Khan’s request to withdraw his application challenging the disqualification in the Toshakhana case.
The Election Commission of Pakistan unanimously disqualified Imran Khan on October 21, 2022, citing Article 63(1)(p) and declaring him no longer a member of the National Assembly. The decision was based on allegations of “false statements and incorrect declaration.” The ECP accused Imran Khan of submitting a false affidavit and engaging in corrupt practices under Article 63(1)(p).
Imran Khan contested his disqualification in the IHC, arguing that the ECP lacked jurisdiction over the matter. Simultaneously, a separate petition challenging the relevant ECP section was filed in the Lahore High Court (LHC). Initially, Imran Khan did not inform the IHC about the second plea in the LHC, but later requested to withdraw the plea, expressing a preference for the LHC to handle the case.
After considering arguments from all parties, the IHC reserved its verdict on September 13, 2023, and subsequently announced the decision on Wednesday.
The disqualification reference against Imran Khan was initiated in August 2022 when the National Assembly speaker, Raja Pervaiz Ashraf, forwarded a reference to the ECP under Articles 62A, 63A, and 223, related to the Toshakhana scam.
The reference, filed by Ali Gohar Khan, PML-N’s Mohsin Nawaz Ranjha, and others, identified 52 gift items received by Imran Khan from Toshakhana between August 2018 and December 2021, with an assessed value of Rs142,042,100.
The reference alleged that Imran Khan concealed information about certain gifts, violating the law, and rules. Mohsin Ranjha argued that this withholding of information constituted a crime under Section 137, making Imran ineligible to contest elections under Article 62(1)(f), Article 2, and Article 3 of the Constitution.
