The Islamabad high Court (IHC) on Monday rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s plea to suspend the Election Commission of Pakistan’s (ECP) order instantly in the Toshakhana reference and directed the ECP to provide a certified copy of the short order to the PTI chairman.
On Friday, ECP disqualified the former premier in the Toshakhana reference, stating he had committed corrupt practices by making “false statements and submitting incorrect declaration”.
The PTI chairman, then approached IHC, against the decision. However, the registrar had raised objections to the petition.
IHC Chief Justice Athar Minallah heard the case on Monday and at the outset of the hearing, asked about the objections to the petition.
He was informed by Khan’s lawyer Barrister Ali Zafar that one objection was on the biometric verification and the other that a certified copy of the ECP’s decision was not attached to the plea.
On the second point, Zafar told the court that the ECP is yet to issue its detailed verdict, adding that they had only received two pages of the order.
“What is the rush in the case,” asked IHC CJ at this point.
Zafar told the court that his client has to contest elections in the coming days, adding that the ECP has also ordered that the PTI chief be prosecuted for corrupt practices.
“The Election Commission has also directed to send the matter for a trial,” said Zafar.
However, Justice Minallah observed that the commission has only directed that the complaint be sent for trial.
On this, Zafar told the court that disqualification was a “stigma” that may affect the coming elections.
“When there is no judgment then which order should the court suspend?” asked the judge. He also directed the counsel to address the objections raised by the registrar’s office.
“Disqualification will affect the people’s minds. The short order is attached [with the petition],” said Zafar.
At this, the IHC CJ asked Khan’s counsel whether he had a certified copy of the short order. But the court was told by the lawyer that they have applied for a certified copy.
“This disqualification is only as a member of the National Assembly,” observed the judge. While CJ IHC also said that the PTI chairman has no restriction of contesting election, he can contest in election if he wants.
However, Zafar contended that the people were not aware of this situation. He added that ECP uploaded its short order on the website but did not provide them with a certified copy.
“If you are not provided a copy within three days then we will hear the matter again,” said the judge. He also shared that his court at times would issue short orders and release a detailed verdict later.
“I expect you will get the certified copy in three days,” said the IHC CJ.
The judge then rejected Khan’s appeal of suspending the ECP order today and adjourned the case hearing.
