Former Prime Minister Imran Khan on Thursday challenged the Election Commission of Pakistan’s (ECP) decision to bar him from politics for a staggering five years.
The ECP had wielded its authority on August 8, disqualifying Imran on the grounds of his conviction in the Toshakhana case, where he was found guilty of deliberately withholding information about gifts received during his tenure as the head of the government.
Imran’s legal team, led by PTI Chairman Gohar Ali Khan and Ali Zafar, submitted a petition to the Lahore High Court (LHC) seeking to annul the ECP’s notification.
The ECP had leaned heavily on the Islamabad trial court’s verdict, which accused Imran of engaging in “corrupt practices” by purposefully concealing benefits derived from the national exchequer.
Despite a reprieve from the Islamabad High Court, which suspended Imran’s sentence on August 29, his legal battle persisted. The fresh petition underscored a sense of urgency, urging the LHC to declare the ECP’s notification as not just unlawful but also as a violation of constitutional principles.
The petition argued vehemently that the ECP’s action was precipitate and lacked due process, asserting that Imran was not accorded the opportunity to present his side of the story. This perceived injustice was held up as a glaring violation of the principles of natural justice.
The legal team strategically referenced recent amendments to the Elections Act, 2017, arguing that the ECP overstepped its bounds by presumptively deciding on Imran’s qualification or disqualification.
The plea maintained that the ECP, in its zealous pursuit, demonstrated an undue and unlawful haste to sideline Imran and his political party from the impending general elections.
The petition contended that the ECP’s pre-emptive move to disqualify Imran for five years automatically upon his conviction was a clear overreach, lacking any legal foundation. It posed a critical question about the absence of moral turpitude and misappropriation of public funds in the alleged offense, challenging the very basis for such a severe punishment.
Furthermore, the legal team highlighted the announcement of the election date, a decision sanctioned by the Supreme Court, and the subsequent filing of nomination papers. Imran’s fundamental right to participate in both general and intra-party elections, the plea argued, was being arbitrarily denied.
