Chief Justice Islamabad High Court Justice Athar Manullah heard the application for reversal of the Election Commission‘s decision to disqualify Imran Khan from the Tosha Khana reference case. Legal counsel Barrister Ali Zafar appeared in the court on behalf of Imran Khan, who argued in opposition to the decision of the Election Commission.
The lawyer informed the court that they are not getting an original copy of the decision of the Election Commission. The Chief Justice asked what the hurry is with this. Barrister Ali Zafar said we must contest the elections within a couple of days and face issues because of incompetence. Imran Khan’s lawyer stated that the Election Commission had taken action under section 63 of the IPC against him. The Chief Justice explained that the decision to disqualify Imran Khan was solely based on his previous election status.
The Chief Justice told him there was no need to rush his request. We will consider it when the certified copy arrives. The lawyer informed the court that an election was scheduled in Karam on the 30th of October, and we were required to participate in the elections. The Chief Justice noted that there was nothing to worry about in contesting the election. The lawyer demanded that the court suspend the decision of the Election Commission. The Chief Justice ruled that suspension was appropriate. The court does not have jurisdiction over the Election Commission’s decision.
In his speech, the Chief Justice noted that Imran Khan would like to return to the Parliament, which is why it’s very early. This is the only seat where Imran Khan was warned he was ineligible. This court doesn’t want to set a new precedent. The court will note it and ask that the Election Commission give you an official copy.
According to the Chief Justice, if anything were to happen, the court would investigate it. An original copy of the judge’s certified decision is mandatory. Sometimes, it occurs in these instances that it takes a bit of time to issue the ruling. Injunctions are not issued before the certification by the Election Commission. During the consultation, the lawyer stated that we feared an election commission could change the decision.
The Chief Justice noted that The Election Commission is a constitutional institution. How can this decision be altered? There have been disqualifications in the past. No political storm comes. We were unable to execute your order. Inform me on the date you filed the order with the court that a court can suspend the order without signature.
