ISLAMABAD: Interpreting the Election Commission of Pakistan (ECP) verdict in the foreign gifts reference against former prime minister Imran Khan, Islamabad High Court (IHC) declared he’s not been barred from contesting in future elections, observing he “won’t face any problems” to run in the NA-45 (Kurram-I) by-election scheduled for October 30.
Chief Justice Athar Minallah made the observation on a petition moved by Khan against the election tribunal’s decision to disqualify him from holding office, declaring he had unlawfully sold state gifts and concealed the profit made from selling them as prime minister.
The case centres on a government department known as Toshakhana — which during the Mughal era referred to the treasure houses kept by the subcontinent’s princely rulers to store and display gifts lavished on them.
Government officials must declare all gifts to the Cabinet Division, but are allowed to keep those below a certain value.
More expensive items must go to Toshakhana under the administrative control of the Cabinet Division, but in some cases, the recipient can buy them back at around 50 percent of their value — a discount Khan raised from 20 percent while in office.
Khan is accused of failing to declare some gifts, or the profit made from selling them.
During the proceedings on Monday, the judge turned down Khan’s request to instantly suspend the judgement and directed the commission to provide a signed copy of its short order to the chairman of Pakistan Tehreek-i-Insaf (PTI).
On Friday, the day the petition was submitted, the registrar had raised objections to its content. On Monday, when Barrister Syed Ali Zafar, counsel for Khan, urged the court to start hearing the petition despite administrative objections by the registrar.
When Justice Minallah questioned what the hurry was, Zafar noted that his client had been disqualified ahead of the by-election in Kurram.
The chief justice observed: “Imran Khan is not disqualified for that election. There should be one standard for all. There is no need to rush in this case.”
The court would hear the petition once the objections were removed, he said.
When Zafar requested him to issue a stay order on the verdict, Justice Minallah pointed out that the detailed judgement was not available yet.
“Which verdict should the court stay?” he asked. “Imran does not want to return to the same seat he was disqualified from, does he?”
Zafar argued the stay was needed because the PTI chairman was contesting in a by-election. However, Justice Minallah said Khan would not face any problems in this regard.
When the counsel argued that the public would not understand the matter, Justice Minallah replied it was not the court’s job to explain to the public. “This has not happened previously. The court cannot set such an example,” the judge remarked.
Zafar then said the ECP’s decision was also unprecedented. However, the IHC chief justice observed it was normal practice to issue a detailed judgement later.
The court expected a copy of the judgement to be released within three days, Justice Minallah said, adding if it did not happen, then the court would look into the matter.
“The court issued directives to implement [its verdict] the same day in connection with a case related to inmates. The court should issue directives to the ECP to submit the verdict today in our case as well,” Zafar contended.
At this, the judge noted that in the case Zafar referred to, the inmates were being tortured which was why urgent directives were needed.
The PTI counsel said the present case was related to a democratic issue and the ECP could “change the verdict”.
Justice Minallah, however, remained firm, observing that the court would have listened to the petition if there was any reason to rush.
