Writ Petition Filed Seeking Directions to ECP to Open References Against Lawmakers
LAHORE: A writ petition was filed with the Lahore High Court on Tuesday seeking directions to the Election Commission of Pakistan (ECP) to open references against all members of national and provincial assemblies who have failed to disclose Toshakhana (gift repository) details in their statements of assets and liabilities.
Urging ECP to Act in the National Interest
Urging the electoral watchdog to act “in the widest national and public interest” and file criminal complaints against all lawmakers who may have concealed the gifts they received while in office, the petitioner has sought uniform action across the board. Further, the petition also prayed to the court to direct the ECP to initiate steps for criminal prosecution of lawmakers who did not disclose gifts in their statement of assets and liability
Request for Impartial and Fair Treatment
Tanveer Sarwar in his petition through advocate Nadeem Sarwar requested the court to direct the ECP to remain “impartial, fair and just as per their constitutional mandate and further refrain them from selective prosecution on their own whims and wishes”.
Respondents Named in the Petition
The petitioner has nominated the federal government through the Ministry of Law and the ECP through the chief election commissioner as respondents in the matter.
Selective Prosecution Highlighted
Notably, former premier Imran Khan was sentenced to three years in prison on August 5 by a trial court in Islamabad in a reference filed by the ECP concerning his failure to disclose details about Toshakhana gifts in his assets and liability form.
“That it is an eye opener and a worst case of selective prosecution as Respondent ECP while acting unfairly and discriminatory only singled out Imran Khan while ignoring and pardoning all other members of national as well as provincial assemblies who retain gifts while not mentioning them in their statement of assets and liability required to be submitted under section 137 of election act 2017 and erstwhile ROPA 1976,” pleaded the petitioner.
Contradiction with Constitutional Provisions
Further, the petition argued that this apparent arbitrary action on part of the ECP stood in contradiction of the provisions of the constitution that mandate equality before the law for every citizen of the country.
He went on to point out that “there are big names like that of Asif Zardari, Yousaf Raza Gillani, Nawaz Sharif, Shahid Khaqan Abbasi, Khawaja Asif and other ministers and former prime ministers who did not disclose Toshkhana gifts details in their statement of assets and liabilities but they are free from liability and criminal prosecution” for which the petitioner claimed the ECP’s decision to act “on its own whims and wishes”.
Accusation of Partiality and Biased Actions
The petition maintained that the decision to not file a complaint against several significant political figures was indicative of the ECP being “partial” and “biased” and claimed that the watchdog had “failed to perform his duties” adequately.
Legal Obligation for Equal Action
The ECP is legally bound to take action against every lawmaker equally, the application stated. It also added that previously an application was filed requesting filing of complaints against all member parliament for non-disclosure of gifts in the statement of assets and liability but to no avail.
