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Saturday, July 20, 2024

IHC’s decision made Imran khan’s participation in Elections unlikely

The court highlights that Imran invoked a specific provision in his petition but did not specifically pray for the suspension of the conviction.

IHC’s decision made Imran khan’s participation in Elections unlikely

Today, an order was issued by a two-member bench of the IHC, consisting of Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri. The order declares that Imran’s application as not maintainable and dismisses it. During the arguments, Imran’s lawyers had contended that the judgement should be suspended under Section 426 of  the Code of Criminal Procedure CrPC, citing the ECP’s notification disqualifying Imran. The order notes that the court has the jurisdiction to suspend the judgement under this provision. But it suggests that Section 561 of the CrPC could be invoked to correct errors or prevent abuse of the court’s process.

The judgement emphasizes that Imran’s application sought the suspension of the sentence only. And the main grounds for seeking rectification were the ECP’s notification disqualifying him. The court points out that while a specific application for the suspension of the verdict was made under Section 426. Imran is now seeking an extraordinary relief under Section 561-A, a general provision of law. The court highlights that Imran invoked a specific provision in his petition but did not specifically pray for the suspension of the conviction.

Implications for elections 

The recent decision by the IHC has significant implications for Pakistan’s political landscape. The court’s decision to  reject Imran Khan’s plea, most likely blocking his participation in the upcoming elections. Yesterday, It was informed by the PTI lawyers that Imran khan will contest from three places. 

More to read: Baloch Protesters Released After Violent Crackdown

The Toshakhana issue became a major point in national politics. After the ECP disqualified the PTI chief for five years for making false statements and incorrect declarations. The judgement specifies that the former premier was found engaged in corrupt practices under sections 167 and 173 of the constitution. Which leads to the initiation of criminal proceedings against him. The ECP’s detailed 36-page judgment indicates Imran Khan’s disqualification under Article 63, 1(P), citing his failure to declare the cash and bank details in his returns.