Disqualification by the Election Commission of Pakistan (ECP) for five years right ahead of the general election in the country came as a massive set back for the jailed former prime minister Imran Khan.
The apex election body's decision came in connection with Khan's conviction in the Toshakhana Case in which the embattled former prime minister is accused of profiting from selling expensive state gifts when he was in power.
On Saturday, an Islamabad trial court sentenced Khan to three years in prison in the same case following which, the Pakistani premier was subsequently apprehended by Punjab police from his Zaman Park residence in Lahore.
Khan at this moment is lodged in Punjab province's Attock Jail and has challenged his conviction and the three-year prison sentence in the case by filing a plea through his lawyers at the Islamabad High Court (IHC).
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Election Commission disqualifies Imran Khan
According to the official notification issued by the Election Commission of Pakistan (ECP), "the Chairman of the Pakistan Tehreek-e-Insaf (PTI) 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 declared the 70-year-old veteran politician disqualified under Article 63(1)(h) of the Constitution read with Section 232 of the Elections Act, 2017.
"Therefore, Mr Imran Ahmed Khan Niazi is disqualified for a period of five years and is also de-notified as a returned candidate from constituency NA-45 Kurram-I,” said the notification, a copy of which is available with PTI.
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What does the disqualification mean?
In simple terms, the disqualification by ECP for five years bars Imran Khan from standing for public office until 2028.
This massive backlash came at a time when the country bracing for the general election in the coming months as the the term of the current National Assembly will end on August 12.
The incumbent government led by Prime Minister Shehbaz Sharif is expected to recommend the dissolution of the lower house of Parliament on Wednesday, paving the way for fresh polls.
Khan challenges conviction
After Islamabad trial court's order, Khan challenged his conviction in the Toshakhana corruption case in the Islamabad High Court, saying the verdict by a "biased" judge was a "slap in the face due process and fair trial" and "a gross travesty of justice".
It has been reported that Khan's petition will be taken up today by a two-member bench at the Islamabad High Court.
In his petition, Khan said that the trial judge made the conclusions on the basis of a "predisposed mind" instead of merit of the case because the petitioner's lawyer was not given the right of presenting arguments.
Khan's plea stated that the judgment passed by the trial court judge was "tainted with bias, is a nullity in the eye of the law and is liable to be set aside”.
It said the order was issued without providing the petitioner with a chance to fight his case and alleged that Additional District and Sessions Judge Humayun Dilawar had refused to hear the arguments of Haris, Imran’s counsel in the Toshakhana case, on the pretext that he was late - which the plea claimed was because he was filing other applications with the Supreme Court and Islamabad High Court.
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Thus, the petition said, the verdict of the trial court was a “slap in the face due process and fair trial” and “a gross travesty of justice”.
He also accused that the judgment given at the conclusion of hearing had already been prepared and written, which is why a 35-page verdict was issued within 30 minutes of the announcement of the decision through a short order.
The plea named the district election commissioner of Islamabad as the respondent in the case.
About the Toshakhana Case
The Toshakhana is known to be a federal government department which is bestowed with the responsibility of all the valuables received by the officials and elected leaders while in office.
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Former Pakistan PM Imran Khan has been accused of keeping the department in dark about certain gifts and for irregularities in the sale of certain gifts in deposited in Toshakhana.
The Toshakhana case says that Khan “deliberately concealed” details of the gifts he retained from the Toshakhana, a repository where presents handed to government officials from foreign officials are kept, during his time as the prime minister and proceeds from their reported sales.
Khan is accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs 140 million (USD 635,000).
