All eyes on Islamabad High Court

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n Will IK prefer long march or by-polls if gets relief?

2022-10-23T07:02:28+05:00 JAVAID UR RAHMAN

ISLAMABAD   -     It’s never a dull moment in the country’s political landscape, as PTI chairman Imran Khan’s announcement for revealing the date of‘Haqeeqi Azadi March’ in the next week has initiated a new debate.

The fate of IK’s disqualification is seemingly hanging in the balance as the PTI is optimistic to get relief from Islamabad High Court (IHC). The party in this spirit has knocked the door of the court against the decision of top election body of the country for disqualifying Imran Khan. The decision in favour of Imran Khan would again create two political avenues either to go for long march or contest by-poll in NA-45 [Kurram-1]. The electoral watchdog has fixed 30th October   for the conduct of by-polls.

The party, through legal counsel Barrister Ali Zafar, has submitted petition in IHC, praying that the ECP has no right to give a verdict on corrupt practices.  The court has fixed date for the hearing on coming Monday (24th October).

About the verdict, a debate has also sparked that the country’s top election body had perhaps not practically disqualified Imran Khan but de-seated him from his National Assembly seat from Mianwali. Under the article 63(1) (p) of the Constitution, the legal brains also suggests that the disqualification would last until the current term of the assemblies.

It also relevant to the scenario that under Section 174 of the Elections Act, any person guilty of the offence of corrupt practice could be punished with imprisonment for a term which may extend to three years or with fine which may extend to Rs 100,000.

“If the trial court finds the accused guilty, both lifetime disqualification and a five-year bar may be at play,” they viewed.

Talking to this newspaper, former Election Commission of Pakistan [ECP] secretary Kanwar Dilshad said that the next scenario would unfold after the decision of Islamabad High Court [IHC]. “The PTI has knocked the door of IHC, so now it’s up to the court to suggest next scenario,” he said, commenting on   political scenario in reference of by-polls.

About the ambiguity about IK’s taking part in by -elections, he said, the court decision will clarify the situation. However, he mentioned that he had observed some ambiguity in the interpretation of the verdict in Toshakhana case. “Imran Khan has been disqualified for the current government tenure ending on Aug13 2023, when the lower house completes its current term,” he said,   quoting   the article 63 (1) (p) of the Constitution.

The 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 political and constitutional pundits viewed that Imran Khan would take a final decision about long march after getting decision from the court.

On the other hand, the government is not ready to budge an inch from its position to go for conducting early polls in the country.

The present government will not allow long march in the federal capital as Interior Minister Rana Sana Ullah has time and again warned to deal the long march with iron hand.

It seems that the efforts of President Arif Alvi for dialogue remained fruitless and the party could not able to make ‘favourable’ grounds for any quarter.

Though the unprecedented victory of Imran Khan has further boosted the popularity graph of Imran Khan yet this disqualification tag has created some trouble for the party. Now, all eyes are on Islamabad High Court (IHC) for the political scene in the country.

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