ECP disqualifies Imran Khan in Toshakhana reference

ISLAMABAD: The Election Commission of Pakistan (ECP) on Friday disqualified PTI Chairman and former Prime Minister Imran Khan in Toshakhana reference under Article 63(1)(p) of the Constitution for making “false statements and incorrect declaration”.

The judgment, reserved a month ago, was announced by five-member bench headed by Chief Election Commissioner Sikandar Sultan Raja at the ECP Secretariat in Islamabad. The decision was taken unanimously by the five-member bench. However, the member from Punjab was not present for Friday’s announcement on health grounds.

The ECP ruling says that the respondent has “intentionally and deliberately” violated the provisions contained Section 137, 167 and 173 of the Elections Act, 2017, “who has made false statement and incorrect declaration before the Commission in the statement of assets and liabilities filed by him for the year 2020-21”.

Hence, attracts disqualification under Article 63(1)(p) of the Constitution read with section 137 and 173 of the Elections Act, 2017, it 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”.

Earlier, legal experts widely interpreted this ruling, saying that Imran Khan has been disqualified till the end of the term of current National Assembly (NA). Others said that the Election Commission “has declared Imran Khan was involved in corrupt practices” and as such he has been disqualified for five years.

The reference was filed in August against Imran by the incumbent coalition government for “not sharing details” of Toshakhana gifts and proceeds from their alleged sale. Lawmakers from the Pakistan Democratic Movement (PDM) – the ruling alliance – had submitted the reference to the National Assembly Speaker Raja Pervaiz Ashraf, who had subsequently forwarded it to Chief Election Commissioner (CEC) Sikander Sultan Raja for further action.

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. It was established in 1974. 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.