PTI chief Imran Khan’s being unseated for the remainder of the Parliament was perhaps inevitable in the Toshakhana reference because of his admission that he had not declared the proceeds of his sale of the gifts he had received and not deposited in the Toshakhana. He has now, according to some legal experts, not been found not to be sadiq or ameen, which he had been declared as being by the Supreme Court just a few years ago, and thus will be free to contest the upcoming general election due by the middle of next year. The failure of the PTI to explode, though protests have begun, may be explained by the fact that the decision, while unfavourable, leaves Imran free to lead any Long March that he might be contemplating. The Supreme Court, the day before the Election Commission of Pakistan decision, had refused to give any orders stopping the Long March. Almost as an afterthought, it seems the ECP has rained on Mr Khan’s parade. He had just won seven NA seats in by-elections. He had already resigned from his original Mianwali seat. He was refusing to return to the National Assembly, and there was much debate about which seats would have by-elections, and which would not. The ECP decision has answered that question: all the seats are now vacant, and Mr Khan can’t be a candidate for them, or any other constituency, for the life of this Parliament.
Though the decision did not declare him disqualified for life, it found him guilty of ‘corrupt practices’. It may be remembered that Mian Nawaz Sharif was declared to not be sadiq or amen because he had not declared the salary he could have received (but which he didn’t) to the National Assembly, even though it was an asset. Here, Mr Khan stands accused of having not declared the proceeds of sales of presents. Whatever relief is given by the courts – and his spokesman Fawad Chaudhry has announced that the PTI will apply to the Supreme Court – will also have to be made available to Mr Sharif. Mr Khan may still present himself as ‘Mr Clean’ fighting corruption, but his detractors will use this decision to tarnish his image.
This decision is not the end of his legal woes. The earlier decision by the ECP in the prohibited funding case, has led to the FIA taking legal action, with some of Mr Khan’s associates arrested, and being summoned by the FIA. The present decision will also lead to further criminal prosecution. The decision may also mean that he cannot head any political party. Again, any relief on that score would apply to Mr Sharif. If such disqualification occurs, the second tier of leadership is already poised to fight over the party’s carcass.
