ISLAMABAD: In another bid to clear the way for Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to contest in the upcoming polls, a plea challenging Islamabad High Court’s (IHC) order on his conviction in the Toshakhana case was filed in the Supreme Court on Saturday.
The high court — which earlier suspended the former prime minister's sentence in the case — dismissed on December 21 a plea for suspension of his conviction that disqualifies him from holding any public office for five years, putting his fate to run in polls in ambiguity.
As the polls draw near, PTI seeks the removal of the ban on its incarcerated leader to pave the way for his eligibility to stand in elections.
In the fresh petition submitted to the SC, Khan appealed the IHC's verdict to be stayed, stating that his sentence in the Toshakhana case had already been suspended.
He contended that he is being denied his fundamental right to contest elections due to the suspension of only his sentence instead of the entire order of conviction by the trial court, which bars him from running for office.
"That taking advantage of the error in the order of the Islamabad High Court ... wherein although the sentence of the petitioner was suspended but the order was not, the Election Commission of Pakistan issued a notification ... and disqualified the applicant under article 62(1)(f) of the Constitution of Islamic Republic of Pakistan, 1973, without even giving him an opportunity of being heard thereby blocking the fundamental rights, as enshrined under article 2, 2A, 4,9, 10A 15, 16, 17 & 25 of the Constitution, of the petitioner, to contest elections who at the time was heading the largest political in the country," the petition stated.
The IHC's two-member bench had on December 21 turned Khan's request for the suspension of his conviction, the only way for him to contest in upcoming general elections. Now, there's only one day left to submit nomination papers.
The bench — comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri — said in its order that the PTI founder’s petition was not maintainable, therefore, it was dismissed.
The 70-year-old cricketer-turned-politician was sent to jail for three years on August 5 after being found guilty of selling state gifts during his 2018-22 tenure as prime minister — charges he denies.