ISLAMABAD – In a major blow to the Pakistan Tehreek-e-Insaf (PTI) on Friday, the Election Commission of Pakistan (ECP) disqualified former prime minister Imran Khan in the Toshakhana case for making “false statements and incorrect declaration”.
A five-member panel of the ECP announced the verdict, stating the PTI chairman has been disqualified under Article 63(1)(p).
Ex-Pakistani PM Imran Khan disqualified in Toshakhana reference
Besides sparking protests in various cities of the country, the verdict has opened a debate whether Imran Khan’s disqualification is for life or for five years. People are searching for interpretation of Article 63 (1) (p) of the Constitution.
Thousands took to streets in Lahore, other cities to protest Imran Khan s disqualification
Article 63 (1) (p) of the Constitution says 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”.
Federal Law Minister Azam Nazir Tarar said the PTI chief had been disqualified for five years. He said the ECP had disqualified Khan under Article 63 A for five years and ordered registration of a criminal case against him.
However, PTI leader Fawad Chaudhry said the ECP verdict would not apply to the General Elections 2023. The former information minister stated this while responding to a question on Twitter.
The disqualification does not apply to GE 2023? a user asked and Chaudhry replied: “No it does not”. The reply shows that former prime minister is still eligible to contest the next elections.
No it does not https://t.co/tI8aeoPpeB
— Ch Fawad Hussain (@fawadchaudhry) October 21, 2022
It is recalled that Supreme Court of Pakistan in its 2021 verdict upheld that ECP has no powers to decide qualification or disqualification of an election candidate or a member of the assembly.
A three-member bench headed by Justice Mushir Alam issued the verdict on an appeal filed by Punjab Assembly member Muhammad Salman who had defeated PTI Vice President Shah Mahmood Qureshi in PP-2017 (Multan) in last general elections.
“In our view there is no power or jurisdiction inherent in the Commission itself in terms of Article 218(3) to consider the qualification/disqualification of a candidate/member, whether as an independent, standalone issue or as part of an election dispute,” read a majority judgment of the court.
Here’s how Pakistanis react to Imran Khan’s disqualification
