The Islamabad High Court (IHC) has denied Imran Khan's request to withdraw his appeal challenging the Election Commission of Pakistan's (ECP) Toshakhana verdict.
The ex-PTI chief requested to withdraw his petition challenging the Toshakhana verdict on January 18, 2023.
The Islamabad High Court (IHC) has rejected the plea of former Pakistan Tehreek-e-Insaf chairman Imran Khan to withdraw his appeal against the Election Commission of Pakistan's (ECP) verdict on his disqualification in the Toshakhana case. Imran Khan initially moved the IHC against the decision on October 28, 2022, and later sought to withdraw the appeal on January 18, 2023. His request for withdrawal was based on the grounds that the matter was already under consideration in the Lahore High Court (LHC).
IHC Chief Justice Aamer Farooq announced the court's decision, which had been reserved on September 13 after hearing arguments from all involved parties. The ECP, on October 21, 2022, had unanimously disqualified Imran Khan under Article 63(1)(p), declaring him no longer a member of the National Assembly due to false statements and incorrect declarations.
Imran Khan contested his disqualification in the IHC, challenging the ECP's jurisdiction over the matter. Simultaneously, a separate petition was filed in the LHC against his disqualification, challenging the relevant section under which he was disqualified. Initially, the IHC was not informed about the second petition in the LHC. Later, Imran Khan requested the IHC to allow him to withdraw his plea, expressing his preference for the LHC to proceed with the case.
During proceedings, IHC Chief Justice Aamir Farooq expressed annoyance over the non-disclosure of the second petition and emphasized that, in principle, the case should proceed in the court where the appeal was first filed. Imran Khan's counsel argued that a larger bench of the LHC was handling the case. The IHC reserved its verdict on September 13, 2023, after hearing arguments from all sides.
The reference leading to Imran Khan's disqualification originated in August 2022 when National Assembly Speaker Raja Pervaiz Ashraf sent a reference to the ECP under Articles 62A, 63A, and 223, seeking his disqualification in connection with the Toshakhana scandal. The reference, filed by Ali Gohar Khan, PML-N’s Mohsin Nawaz Ranjha, and five others, alleged that Imran Khan received 52 gift items from Toshakhana, violating laws and rules, with an assessed value of Rs142,042,100. Ranjha argued that Khan concealed information about gifts, including watches from Saudi Arabia’s Crown Prince Mohammad bin Salman, in his asset statement, constituting a crime under Section 137. The reference sought Imran Khan's disqualification for life from contesting elections under Article 62(1)(f) of the Constitution. Article 62(1)(f) is the same legal instrument that disqualified former PM Nawaz Sharif from contesting elections and led to his removal from power, according to Ranjha.
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