KARACHI: Tosha Khana was an open and shut case and the decision was written on the wall but politically motivated lawyers acting as weathercock are bent upon confusing people by keeping them in dark. 

Hashmat Habib President Tehreek-e-Tahaffuz Adlia analyzing this issue concluded that no doubt Election Commission is not a court but it is the only authority to exercise jurisdiction under article 63(3) of the Constitution to decide the reference on the question of disqualification of a member. Hashmat Habib said the Judgment of the Election Commission is based on facts and reason.

Therefore there is no reason that on appeal High Court or Supreme Court will take any contrary view. Imran Khan is declared disqualified on serious allegations of concealment and corruption, therefore, no stay order can be passed in such a case if any court will act contrary to the binding nature of the constitution and the decision of the Superior Court it will another black spot on our Judicial system.  Hashmat Habib said the prosperity of the country depends on the establishment of the law if the Govt bows down before the buildup popularity of Imran Khan and mob politics then a complete disaster will be the only fate of the nation.

Here six MNAs are complainants against Imran Ahmed Khan Niazi MNA from NA 5. Hashmat Habib said the disqualification of Imran Khan is on admitted and unrebutted facts of corrupt practice and concealment of the facts in his declaration under the Election Act 2017. He further said under article 63(3) of the Constitution if a member is declared disqualified and ceased to be a member and his seat becomes vacant there is no mention of a disqualification period however in the case of corruption and concealment a complaint can be referred to the competent court. On trial, if a member is found guilty he must be convicted and disqualified to become a member for 5 years.

He said in this case the direction is given to file the complaint therefore it is unnecessary to discuss the period of disqualification because it depends on the decision of the trial court. In the matter of Yousaf Raza Gillani, Supreme Court found him guilty of contempt of Court and he was awarded a conviction till rising of the Court but the matter of disqualification was referred to Election Commission having exclusive Jurisdiction and accordingly he was declared disqualified to contest election for 5 years.

Published in The Daily National Courier, October, 25 2022

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