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Imran Khan moves LHC against ECP’s notice for his removal as PTI chief

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  • ECP’s process started after disqualification from NA-95 seat: Khan.
  • Petitioner says ECP cannot play role of tribunal.
  • Former PM requests court to set aside the ECP’s notice.

LAHORE: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan Wednesday moved the Lahore High Court (LHC), challenging the Election Commission of Pakistan’s (ECP) notice seeking to remove him as the party’s chairman. 

The electoral body had initiated the process to remove Khan as chairman of PTI last month, following his disqualification in the Toshakhana reference, by issuing a notice.

Khan, in his petition, maintained that the process for his removal as the party chair was initiated after his disqualification from the National Assembly’s seat NA-95.

The ECP issued the notice over allegedly submitting a “false statement” but it cannot play the role of a tribunal while exceeding its authority.

“Calling Imran Khan incompetent is baseless and illegal and the notice was served to keep him away from politics,” the petition read. 

The former premier requested the court to set aside the ECP’s notice while declaring and holding the assumption of jurisdiction and taking of cognizance by the electoral body for his removal as party chairman as envisaged by the said notice, “illegal, ultra vires the powers of ECP, contrary to the Constitution, and of no legal effect”.

Khan also sought suspension of the notice and restraining orders for the ECP to stop it from proceeding in the matter till the final disposal of this plea.

In October, the commission had disqualified Khan in the Toshakhana reference under Article 63 (1) (p) for making “false statements and an incorrect declaration”.

The written order said that the Khan had “intentionally and deliberately” violated the provisions of Sections 137, 167, and 173 of the Elections Act 2017, as he “has made false statements and an incorrect declaration before the commission in the statement of assets and liabilities filed by him for the year 2020-21”.

The ECP also said: “Accordingly, he (Imran Khan) ceases to be a member of the National Assembly and legal proceedings will be initiated against him under Section 190 (2) of the Elections Act 2017.”

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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