Dismisses ex-PM’s petition seeking suspension of conviction in gifts case n PHC orders ECP to decide PTI intra-party polls case today n Gohar says party candidates to be considered independents if ‘bat’ symbol is not allotted.

ISLAMABAD, PESHAWAR  -  After the Islamabad High Court decision dismissing ex-premier Imran Khan’s petition seeking suspension of his conviction in the Toshakhana case, the Pakistan Tehreek-e-Insaf (PTI) founding chairman is now out of the race of upcoming general elections.

Earlier in the day, the Islamabad High Court (IHC) turned down Imran Khan’s petition seeking suspension of the trial court’s verdict in the Toshakhana case.

A division bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq and Jus­tice Tariq Mahmood Jahangiri announced the verdict which it had reserved after hearing the arguments of Amjad Pervez Advocate rep­resenting the Election Commission of Pakistan (ECP) and Sardar Latif Khosa the counsel for Imran Khan.

The IHC bench stated in its written judgment that in appropriate cas­es, section 561-A Cr.P.C can be invoked to cor­rect error or prevent the abuse of process of the court or to secure the ends of justice while “bare reading of the ap­plication for suspension filed by the appellant shows that it was for suspension of the sen­tence only.” The bench mentioned that it is the stance of the counsel for the appellant that a ver­bal request for suspen­sion of the order/judgment was also made and that this court had omitted to pass the or­der on the same inadvertent­ly. It added that the order dated 28.08.2023 does not reflect any such request and categorical­ly produces the prayer made in the application. 

It continued that in order to proceed with request of the ap­pellant to modify order dated 28.08.2023 and suspend the conviction, it is also to be seen that whether this Court does have jurisdiction under section 426 Cr.P.C to suspend the judg­ment. The court pointed out, “The bare reading of the judg­ment shows that the Supreme Court of Pakistan has categori­cally given the findings that con­viction cannot be suspended.”

It further said that the main ground that has formed ba­sis for seeking rectification, it seems, is because of notification dated 08.08.2023. It said that the appellant faces the conse­quences of disqualification from being head of the political party. 

Meanwhile, the Peshawar High Court directed the Election Commission of Pakistan (ECP) to decide the petitions contest­ing PTI’s intra-party elections by today. Announcing the re­served verdict, the PHC ordered the election commission to de­cide on the case as per law.

Earlier in the day, the PHC had reserved its verdict in the case pertaining to the ECP’s notice against PTI’s intra-party elec­tions that could put the PTI at risk of losing its election symbol too. A two-member bench com­prising Justice SM Atiq Shah and Justice Shakeel Ahmed heard the writ petition.

At the outset of the hearing, the PTI Chairman Barrister Go­har Khan apprised the court that the party did not approach the Islamabad High Court (IHC) because they feared that their leaders might be arrested.

Later, talking to media outside the PHC building, PTI Chairman Barrister Gohar Ali Khan, re­vealed that the party was con­sidering various plans to handle the situation in case the ECP de­nies the party the bat symbol for the upcoming general elections. He expressed disappointment that despite PTI conducting its intra-party election in compli­ance with the law and the Con­stitution, the ECP had not up­dated the results on its website. “Despite this, PTI did not advo­cate for the resignation of the chief election commissioner as it could potentially delay the elec­tions scheduled for February 8, 2024, according to the Supreme Court of Pakistan,” he added.

Regarding former Prime Min­ister Imran Khan, Barrister Go­har confirmed that, as Imran Khan had not yet been disqual­ified, he would contest the gen­eral elections from Islamabad, Lahore, and Mianwali.

Expressing concern, Barris­ter Gohar anticipated potential horse-trading if PTI was denied the bat symbol, leading their candidates to win as indepen­dents. He stated that PTI would not form electoral alliances with other political parties. “De­spite facing opposition from five political parties, PTI would emerge victorious,” he claimed.

He warned of adverse conse­quences if attempts were made to exclude PTI from the ballot. “PTI is committed to fighting for people’s rights, and we hope for justice from the courts,” he said.

Meanwhile, PTI urged the Su­preme Court to direct Secretary Interior, Election Commission of Pakistan (ECP) and Chief Sec­retaries to provide a level play­ing field to the party for free and fair election. It also prayed that the respondents should be restrained from harassing the PTI workers/leaders and they should be allowed to participate in the election process without any discrimination, in the inter­est of justice. Now after the court decision, Imran is now out of the race for contesting the elections. A day earlier, PTI Chairman Bar­rister Gohar Ali Khan had said that Khan would contest the elec­tion from three National Assem­bly constituencies including La­hore, Mianwali and Islamabad.

However, the August 8 deci­sion of the Election Commission of Pakistan (ECP) had disquali­fied Khan for holding any pub­lic office for five years as a result of his conviction by a local court in a case relating to concealing details of state gifts he received from the state treasury.

The legal experts are of the view that the verdict of electoral watchdog is in the field that di­minishes chances for jailed PTI founder Khan to contest Feb­ruary 8 election. On the other hand, PTI lawyers on Thursday got signed nomination papers from Khan who is incarcerated in Rawalpindi’s Adiala Jail. They are likely to submit nomination papers of Khan in all three con­stituencies. It is likely that the re­turning officer concerned would rejecte nomination papers of Khan and the matter would land before the election tribunal and finally in the Supreme Court, ac­cording to legal experts. Sepa­rately, PTI continued to hurl al­legations against the police and district administration for pre-poll rigging in polls saying that police are harassing its candi­dates through arrests and raids at their houses.