Election Commission of Pakistan disqualifies Imran Khan under Article 63(1)(p) for 5 years in Toshakhana Reference
ISLAMABAD, Oct 21 (SABAH): The Election Commission of Pakistan (ECP) on Friday disqualified Pakistan Tehreek-e-Insaf (PTI) Chairman and former prime minister Imran Khan in the Toshakhana Reference under Article 63(1)(p) for 5 years for making “false statements and incorrect declaration”.
The verdict announced by the Election Commission in Islamabad on Friday said Imran Khan has been found involved in corrupt practices. The Election Commission of Pakistan has directed to initiate criminal proceedings against Imran Khan for misdeclaration.
Five-member bench headed by Chief Election Commissioner (CEC) Dr. Sikandar Sultan Raja and comprising Nisar Ahmed Durrani, Shah Muhammad Jatoi, Babar Hassan Bharwana and Justice (retd) Ikramullah Khan announced the verdict. The decision was taken unanimously by the ECP’s five-member bench but the Punjab member Babar Hassan Bharwana was not present on Friday as he was unwell.
The reference against Imran Khan was filed by MNA Barrister Mohsin Shahnawaz Ranjha carrying signatures of lawmakers Agha Hassan Baloch, Salahuddin Ayubi, Ali Gohar Khan Baloch, Syed Rafiullah Agha and Saad Waseem Sheikh and it was subsequently forwarded to CEC Dr. Sikandar Sultan Raja by Speaker National Assembly Raja Pervaiz Ashraf. The Election Commission of Pakistan had reserved its verdict in the case on September 19.
The written ruling says the respondent had “intentionally and deliberately” violated the provisions contained [in] sections 137, 167 and 173 of the Elections Act, 2017, as he “has made false statement (sic) and incorrect declaration before the Commission in the statement of assets and liabilities filed by him for the year 2020-21”.
Hence, he attracts disqualification under Article 63(1)(p) of the Constitution read with sections 137 and 173 of the Elections Act, 2017, it added.
The ECP ruling follows up by saying based on the 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 ruling said as the respondent “has made false statements and incorrect declaration”, therefore he has also committed the “offence of corrupt practices” defined under sections 167 and 173 of the Elections Act, 2017, punishable under Section 174 of the Elections Act, 2017.
“The office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017,” the verdict added.
Article 63 (1) (p) of the Constitution states that an individual is, “for the time being, 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”.
The verdict was announced amid tight security in the Red Zone where at least 1,100 police officials were deployed under the command of a senior superintendent of police to control the law and order situation in the area. The officer was assisted by five superintendents and six deputy superintendents of police.
Toshakhana – a department under the administrative control of the Cabinet Division – stores precious gifts given to the head of states, MPs, bureaucrats and officials by heads of other governments, states and foreign dignitaries.
According to Toshakhana rules, gifts and other such material received by persons to whom these rules apply shall be reported to the Cabinet Division.
It is noteworthy here that in August 2022, Speaker National Assembly Raja Pervaiz Ashraf sent a reference to the ECP under Articles 62A, 63A and 223, seeking former Imran Khan’s disqualification in the light of the Toshakhana scam.
The disqualification reference was filed by Ali Gohar Khan Baloch, PMLN’s Mohsin Nawaz Ranjha and four others.
The 28-page reference identified 52 gift items of Toshakhana received by former Imran 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.
According to PML-N MNA Mohsin Shahnawaz Ranjha, Imran Khan concealed information about the gift of watches by Saudi Arabia’s Crown Prince Mohammad bin Salman in his statement of assets submitted in 2018-2019.
This withholding of information is tantamount to lying which, according to MNA Mohsin Ranjha, is a crime under Section 137 declaring that Imran Khan is no more Sadiq and Ameen, slapping disqualification for life from contesting the election under Article 62(1)(f), Article 2, Article 3 of the Constitution.
Article 62(1)(f) is the same legal instrument that disqualified former PM Nawaz Sharif from contesting elections and led to his removal from power, Ranjha further said.
Established in 1974, the Toshakhana is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats, and officials by heads of other governments and states and foreign dignitaries.
According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.
However, the PTI, while in government, had been reluctant to disclose details of the gifts presented to Imran Khan since he assumed office in 2018, maintaining that doing so would jeopardise international ties, even as the Pakistan Information Commission (PIC) ordered it to do so.