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No restriction on Imran Khan to contest elections, says court

Islamabad court rejects plea to suspend Imran’s disqualification order today
Former PM Imran Khan appears before Islamabad High Court on September 22, 2022. APP
Former PM Imran Khan appears before Islamabad High Court on September 22, 2022. APP

ISLAMABAD: There was no restriction on former prime minister Imran Khan to contest elections, the Islamabad High Court said on Monday while hearing the petition to suspend the electoral authority’s order to de-seat the PTI chief under Article 63 1(p) of the Constitution. And, the court rejected it.

“The disqualification is only to the extent to which he was elected earlier, not to the other constituencies, it is only to the extent of that one seat,” IHC Chief Justice Athar Minallah said.

Barrister Ali Zafar, who appeared on behalf of the PTI chief in front of the court, said that they have objections related to biometric and certified copies. “We have not been given the certified copies of the decision.”

He contended that they have only got two pages of the order.

On the question of haste by the court, Imran’s lawyer said that his client has been declared disqualified and he has to contest the next elections. The commission has also called for prosecution for “corrupt practices”, he added.

IHC CJ Minallah said the court has asked to send the complaint. “When there is no judgment, which order will the court suspend?”

The court made it clear that an injunction cannot be issued before the certified decision of the Election Commission of Pakistan.

The court added that the concerns of the registrar’s office should be removed. To this, Imran’s lawyer said that a short order has been attached to the application.

On receiving a negative answer to the question about the certified copy, the IHC chief justice said that if the copy was not given within three days, the court would hear the matter again.

On barrister Ali Zafar’s fear of changing the decision, Justice Athar Manullah replied that the election commission was a constitutional institution.

“How can the decision be changed? Disqualification has been happening before. The law under which Imran Khan was disqualified is only to the extent of this seat. If Imran Khan wants to contest the election again, he can contest, there is no restriction on Imran Khan to contest the election,” the IHC CJ said.

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Article 62(1)f