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ECP takes up disqualification pleas against PM

By Iftikhar A. Khan 2016-08-04
ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday began hearing identical petitions seeking the disqualification of Prime Minister Muhammad Nawaz Sharif for concealing his assets, but it has yet to decide whether it has the jurisdiction to adjudicate the petitions or not.

The commission adjourned hearing on all four clubbed petitions until August 17, without deciding the question of maintainability.

The petitions were filed by the PPP, PTI, Sheikh Rashid Ahmed`s Awami Muslim League (AML) and Tahirul Qadri`s PakistanAwami Tehrik (PAT).

The petitions were filed in June following the disclosures made in Panama Papers about Pakistani politicians running offshore companies in a bid to evade taxes in Pakistan.

However, they had remained pending as the ECP was dysfunctional in the absence of its members.

Legal experts believe that the ECP cannot directly disqualify any lawmal
Sardar Latif Khosa, appearing before the ECP as counsel for PPP, argued that the commission`s role was not limited to the conduct of free and fair elections, stressing that guarding against corrupt practices by elected representatives was also part of its constitutional mandate.

He cited article 218(3) of the Constitution,which reads: `It shall be the duty of the Election Commission to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.

Mr Khosa also submitted various documents to prove that the prime minister was liable to be disqualified, but most of them were found to be illegible by the commission, which directed him to file readable copies.

Sheikh Rashid Ahmed, who pleaded his case himself, was asked by commission to present documents in support of the allegations levelled in the petition. He said the evidence was the same as submitted by the PPP, but still was asked to furnish his own documents.

PAT`s counsel concentrated his energies on the Model Town incident, where over a dozen PAT workers were killed in policeaction on June 17, 2014, but the commission asked him to confine his arguements to points relevant to the disqualification plea.

PTPs counsel Hamid Khan was on his feet when the proceedings were adjourned until August 17.

Talking to reporters after the hearing, Mr Khosa said his party had sought the disqualification of the prime minister and his close relatives, adding that the Panama Papers proved the way the `Lahore Dynasty` had acquired offshore properties by sending illgotten wealth out of the country through illegal means and avoiding taxes.

He said these properties had not been mentioned in their statements of assets and that those involved in such practices were not eligible to contest elections.

PTI spokesperson Naeemul Haq said it would be difficult for the ECP to reject the disqualification petitions and asked the commission to hold day-to-day hearings of the petitions from August 17.