Imran Khan, ex-Prime Minister of Pakistan gets disqualified on Friday, October 21. This disqualification is”for the time being” in the Toshakhana disqualification reference, under Article 63 (1)(p).

A five-member bench gave verdict comprised of  Shah Muhammad Jatoi, Nisar Durrani, former Justice Ikramullah Khan, and Babar Bharwana. Its head was Chief Election Commissioner Sikandar Sultan Raja.

They declared Imran Khan’s  National Assembly seat vacant after a unanimous decision. This was taken on the basis of incorrect information submitted by the Chief of Pakistan Tehreek-e-Insaf (PTI).

According to the ECP, the former PM submitted a false affidavit. That’s why he was discovered to have engaged in corrupt behavior.

According to the judgment, the respondent breached the rules in sections 137, 167, and 173 of the Elections Act, 2017, “intentionally and maliciously.”

Lawmakers of the ruling governing coalition filed a complaint against Khan in August 2022 with the Election Commission of Pakistan (ECP).

They asked for his disqualification for failing to disclose the proceeds from the sale of gifts he bought at a reduced price from the state repository, also known as Toshakhana.

At the conclusion of the sessions on September 19, the ECP reserved judgment after hearing the matter due to further proceedings.

On Friday, all relevant parties were summoned by the Election Commission Pakistan (ECP). They had to attend before the electoral watchdog at its secretariat in Islamabad.

It requested “foolproof security” inside and outside the watchdog’s premises for the entire day to prevent any untoward incident.

This emphasized the importance of making all necessary security preparations, especially inside the ECP Secretariat building.

What is Article 63 and 63-1P?

 Disqualifications for being members of Majlis-e-Shoora (Parliament) are addressed in Article 63 of the Constitution 1973 of Pakistan.

As per subclause 1P of the Article, A person is “disqualified “for the time being” from being elected a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law now in effect”.

This disqualification is not permanent in nature.

What is Toshakhana? and What were those Gifts?

Toshakhana is actually a department, established in 1974, under the administrative control of the Cabinet Division. It collects those precious and expensive gifts given to government leaders mostly.

This also includes gifts to bureaucrats, heads of other states, and foreign dignitaries.

It has a hefty amount of gifts ranging from luxury bullet-proof cars, and expensive pens to high-cost watches.

Lavish ornaments, rugs, and paintings to gold-plated souvenirs are also part of it.

Imran Khan, who took office in 2018, is said to have accepted valuable presents from wealthy Arab leaders.

They were given on their official trips, which were then left at the Toshakhana. Later, in accordance with the applicable legislation, he purchased identical items at a reduced price and sold them for a profit.

A Graff wristwatch, a set of cufflinks, an expensive pen, a ring, and four Rolex watches were among those gifts, received by Imran Khan.

Per Khan’s adversaries, he failed to report the sales on his income tax forms. 

According to Articles 62 and 63 of the Constitution, which imply disqualification if someone is not truthful, the case submitted to the ECP sought his disqualification.