ISLAMABAD: The Islamabad High Court (IHC) rejected Imran Khan’s plea to immediately suspend the Election Commission of Pakistan (ECP) order in the Toshah Khana reference.
On Friday, the ECP disqualified the former prime minister in the Toshakhana reference, saying he had committed corruption by “making false statements and submitting false declarations”.
The PTI chairman approached the IHC against the decision. However, the Registrar raised objections to the application.
Islamabad High Court Chief Justice Athar Minullah heard the case today and asked about objections to the petition at the start of the hearing.
He was told by Khan’s counsel Barrister Ali Zafar that one objection was on biometric verification and the other was that a certified copy of the ECP decision was not attached with the application.
On another point, Zafar told the court that the ECP was yet to issue its detailed decision, adding that he had received only two pages of the order.
On this occasion, the Chief Justice of IHC asked what is the hurry in the case?
Zafar told the court that his client has to contest elections in the coming days, adding that the ECP has also ordered that a corruption case be filed against the PTI chief.
Zafar said that the Election Commission has also directed to send the matter for trial.
However, Justice Minullah observed that the commission had only directed the complaint to be sent for trial.
On this, Zafar told the court that the disqualification was a ‘discredit’ that could affect the upcoming elections.
Which order should the court suspend when there is no decision? asked the judge. He also directed the lawyers to remove the objections raised by the registrar’s office.
“Disqualification will affect people’s minds. The summary order is attached [with the application],” Zafar said.
On this, the IHC chief justice asked Khan’s counsel if he had a certified copy of the short order. But the counsel told the court that he had applied for a certified copy.
The judge said that this disqualification is only as a member of the National Assembly.
However, Zafar said people are not aware of the situation. He added that the ECP uploaded its brief order on the website but did not provide a certified copy of the same.
If the copy is not provided to you within three days, we will hear the matter again, the judge said. He also stated that his court would sometimes issue a summary order and issue a detailed decision later.
“I hope you will get the certified copy in three days,” said the IHC chief justice.
But Khan’s lawyer said that his client has to contest the elections.
On this, Justice Athar Manullah said that under the law, Imran Khan was disqualified only from the seat he is currently sitting on. He added that if he wants to contest elections again, he can do so, there is no restriction on him.
Zafar then told the court that copies of the order had been received by the media and programs on the issue were aired, adding that the ECP had not objected to the programmes.
Zafar said that it is our request that you ask the ECP to issue an order.
But the judge told them that the court would not issue any such direction to be followed. He added that the problem is that the petitioner did not receive a certified copy of the judgment.
“How can we suspend judgment without a certified copy? Can you tell me what is urgent about this matter?” asked the Chief Justice of the IHC. He also told that Imran Khan is not going to Parliament.
Justice Minullah said that we will observe but will not issue instructions.
However, Zafar said the PTI feared that the Election Commission might change its decision.
But the judge told the lawyer that ECP is a constitutional body. He added that disqualifications have happened before and there was no political storm.
The judge then today rejected Khan’s plea to stay the ECP’s order and upheld the registrar’s objections. It also directed Khan to clear objections to the petition within three days.
