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What does Article 63(1)-P say about disqualification term?

MM News Staff by MM News Staff
October 22, 2022

ISLAMABAD: The Election Commission of Pakistan (ECP) has disqualified former prime minister and Pakistan Tehreek-e-Insaf chairman Imran Khan in the Toshakhana reference under Article 63(1) (p) of the Constitution.

In a consensus verdict, the ECP stated that Imran Khan submitted a false affidavit and was found involved in corrupt practices. The court also ordered to the registration of criminal cases against the former prime minister.

The ECP’s verdict further said that some of the gifts retained from Toshakhana were concealed in his assets.

What is Article 63(1)-P?

Article 63 (1) (p) of the Constitution states that an individual is disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a provincial assembly under any law for the time being in force”.

Meanwhile, legal experts are widely interpreting the verdict as Imran being disqualified till the end of the current National Assembly (NA) term.

‘Imran Khan disqualified for 5 years’, says law minister

Federal Law Minister Azam Nazir Tarrar said that Khan has been disqualified for “five years” by the Election Commission.

Speaking after the ECP ruling in the Toshakana case, the federal minister said Khan provided “wrong information” to the electoral body.

“The Election Commission showed restraint otherwise a separate action could have been taken against him.”

The case

In August 2022, National Assembly Speaker Raja Pervaiz Ashraf sent a reference to the ECP under Articles 62A, 63A, and 223, seeking former prime minister Imran Khan’s disqualification in the light of the Toshakhana scam.

The disqualification reference was filed by Ali Gohar Khan, PML-N’s Mohsin Nawaz Ranjha, and five others.

The 28-page reference identified 52 gift items of Toshakhana received by the former prime minister Khan, violating the law and rules, taken away at nominal prices and most of the gifts were sold in the market, including some precious watches.

The assessed value of the gifts has been put at Rs 142,042,100. The gifts were received between August 2018 and December 2021.

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