• The party claims that the law does not prohibit a convicted person from being office-carrier
• TANK take up Chairman of PTI plea against FIA challenge in audio leak business today
ISLAMABAD: Electoral Commission of Pakistan (ECP) on Monday set process to remove Imran Khan as chairman of Pakistan Tehreek-e-Insaf (PTI) in light of election observer’s verdict in the Toshakhana case, which disqualified former prime minister under section 63(1)(r) for making”false statements and misstatement”.
ECP official informed Dawn that the notification was sent to former prime minister and it was fixed for hearing on December 13th. Sources in PTI confirmed development but argued that the law is not place any bar on condemned to become office-carrier of political party.
Pursuant to Section 5(1) of the now defunct Political Parties Ordinance (PPP) 2002: “Every citizen… shall have the right to form or be a member of of political party or be otherwise associated with political party or take part in political activity or be elected how office-carrier of political party: provided that the person is not to be appointed or serve as office-carrier of political party if he doesn’t qualified to be or deprived of the right to be, elected or selected as a member of Majlis-i-Shura (Parliament) in accordance with Article 63 of Constitution of Islamic Republic of Pakistan or under any other law for time in force”.
However, the 2017 Electoral Law did not retain this provision. But, tripartite bench of Supreme Court in February 2018, during the consideration of petitions against The Electoral Law stipulated that a person disqualified on the basis of articles 62 and 63 of The constitution could not head political party.
The resolution paved way for removal of Nawaz Sharif as head of PML-N following its disqualification by a higher court pursuant to section 62(1)(f).
During the course of At the hearing, Judge Ijazul Ahsan remarked that if head of in party was polluted, the whole stream would be polluted. He said the disqualified man should do not usurp rights of others to lead in party as qualified faces should not be under the control of a disqualified person.
It may be noted here that the application for withdrawal of Imran Khan as PTI Chairman after his disqualification already before the Lahore High Court. The petition states that, in the opinion of the Representation of The People Act 1976 and the Political Parties Order (PPO) 2002, this was a legal and constitutional requirement. for party officials who will qualified in conformity with Articles 62 and 63 of Constitution. It stated that after Imran’s disqualification from constituency NA-95, it was “just” for to deprive him of the status of chairman of PTI and by order should be issued to this effect.
plea against FIA
Separate petition filed by Imran Khan against Federal Investigation Agency (FIA) subpoena in connection with audio request leak regarding the cipher dispute fixed for registrar’s hearing office of TANK for Today.
Nonetheless office object to maintainability of petition on Earth of its territorial jurisdiction. office said the case apparently fell into the domain of Supreme Court of Islamabad.
Today Judge Asjad Javed Ghural will hear the petition as an objection and decide on the matter. of maintainability first before initiation of official hearing of the case.
The petition, filed through barrister Salman Safdar, said the FIA had launched an investigation into the alleged audio. leak regarding the diplomatic cipher received from a foreign state. It alleged that the alleged audio recording, allegedly released by the federal government not only endangered the security of how high office as [the] prime minister but this also gross violation of basic rights of in petitioner”.
The contested FIA notice is silent on any criminal offense committed petitioner. The petition claims that despite being called as a witness in of the contested investigative notice, it is completely unclear for what offense, if any, petitioner was interrogated for.
It was approved by law of land, prior to calling the witness, the defendants were duty must identify and specify information required of a witness, and to establish a connection between such information and subject of investigation is underway.
The lawsuit asked the court set towards the contested call-up notice declaring it issued without jurisdiction, and void from the very beginning. it also asked the court to cancel the disputed investigation and advance notice in interest of justice since no wrongdoing was reported out against in petitioner.
Waji Ahmad Sheikh in Lahore also contributed to this report
Published in Dawn, December 6, 2022
