Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, through his lawyer Latif Khosa, on Thursday approached the Islamabad High Court (IHC) seeking suspension of the trial court verdict in the Toshakhana case to reverse his disqualification from holding public office by the Election Commission of Pakistan (ECP).
The plea contends that the IHC had been requested to suspend the trial court’s verdict convicting Khan, but it in its Aug. 28 ruling it had merely suspended the sentence while retaining the conviction. Citing Section 561 of the Code of Criminal Procedure, it argues that the order’s failure to mention the original plea was a glaring “omission.” It further argued that Khan’s rights had been prejudiced by the non-suspension of the verdict because the ECP had used it to bar the PTI chief from contesting elections.
“…the operation of impugned order may very graciously be ordered to be suspended/stayed till final decision of the appeal,” reads the petition, arguing that the ECP order was in “haste” as the conviction had not yet attained “finality.” The petition further states: “The animosity against the petitioner was not simply confined in getting his conviction, disqualification from contesting election but attempts are being made to remove him from head of party and even proceedings to take away the symbol and throw him out of the arena of general elections being a largest party in Pakistan, the entire leadership of PTI is either incarcerated or amongst the missing persons beside hundreds of false cases registered against loyalist resulting in incarceration and unending ordeal.”
As such, the petition argued, the court should suspend the verdict in the “interest of justice.”
The ECP disqualified Khan from contesting elections for five years under Article 63(1)(h) of the Constitution after his conviction in the Toshakhana case in August. It also de-notified him as the “returned candidate” from NA-45, Kurram-I. Later that same month, the IHC suspended Khan’s sentence but retained his conviction and disqualification until the main appeal had been decided.