Imran Khan Reference NA

fe BEFORE THE ELECTION COMMISSION OF PAKISTAN PRESENT: Mr. Sikandar Sultan Raja, Chairman Mr. Nisar Ahmed Durrani, Member Mr. Shah Mohammad Jatoi, Member Mr. Babar Hassan Bharwana, Member Mr. Justice (R) Ikram Ullah Khan, Member Case No. 12(5)/2022-Law. In re: REFERENCE ON THE QUESTION OF DISQUALIFICATION OF MR. IMRAN AHMED KHAN AS MEMBER OF NATIONAL ASSEMBLY UNDER ARTICLE 63(2) OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 1 Mr. Mohsin Nawaz Ranjha, MNA, NA-89. 2. Mr. Agha Hassan Baloch, MNA, NA-206. 3. Mr. Salah Uddin Ayubi, MINA, NA 263. 4, Mr. Ali Gohar Khan, MNA, NA-103. 5. Mr. Syed Rafi Ullah Agha, MNA, NA-236 6. Mr. Saad Waseem Shaikh, MNA, NA-137. Applicant/Petition Versus Mr. Imran Ahmed Khan, MNA, NA-5 Respondent For the Petitioner No. 1, 4 & 6 Khalid Ishaq Advocate Supreme Court along with petitioner No. 6 In-person For the Petitioner No. 3 Mr Kamran Murtaza, Sr. ASC For the Petitioner 2 & 5 Nemo For the Respondent Barrister Ali Zafar, Sr ASC along with Mr. Gohar Ali Khan, ASC Date of Hearing 19-09-2022 ORDER SIKANDAR SULTAN RAJA, CHAIRMAN::- Brief Facts of the case are that areference for disqualification of Mr. Imran Ahmed Khan (MNA), under Article 63(2) of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred as the Constitution) has been forwarded by the Speaker National Assembly to this Commission for exercise of its jurisdiction under Article 63(3) of the Constitution therein. The Reference was forwarded by the Speaker of National Assembly through Additional Secretary (LEGIS) on 02. Aug.2022 and was received by the Secretary Election Commission on 04.08.2022. The reference in question was moved before the Speaker by 6 members of National Assembly on account of alleged concealment of gifts received by Mr. Imran Khan from foreign countries as Prime Minister of Pakistan, which are part of Tosha Khana 2. On receipt of reference from the Speaker, notices were issued to the petitioners (MNA’s) and Mr. Imran Khan and matter was fixed for hearing on 18.08.2022. Counsel for the Respondent Mr. Imran Khan submitted written reply on 07.09.2022 and matter was adjourned for arguments on 19.09.2022. 3. Today Mr. Khalid Ishaq, ASC, appeared on behalf of petitioner No. 1, 4 & 6 and argued the matter at length. He submitted that respondent did not disclose gifts and precious items which he has acquired from the foreign countries in the statement of assets and liabilities filed before the Election Commission of Pakistan from the year 2017-2021. He added that the list attached with the reference clearly shows the nature of gift items which included flower vase, watches, cufflinks, decoration pieces and other precious jewelry items etc. which according to Tosha Khana procedure and rules 6(i) can be retained if the price of the item is less then Rs. 30,000/- (Thirty Thousand Only) and where the valued amount is more than thirty thousand can be retained subject to deposit of 50% of the valued amount of the gift received. He added that Election Commission of Pakistan is the proper forum and has jurisdiction to decide the matter. He in support of his arguments placed reliance upon the Judgement of Hon'ble Supreme Court reported as 2022 SCMR 1454. He further argued that there are two separate stages of disqualifications, one is pre-election disqualification and the other is post-election disqualification during the tenure of the house to which he has been lawfully elected and notified. He elaborated that for the natant cuigaonr, sn . agape en tam eae wa30 @ (e) _Anvestmente (Stockand Shares Nat Ansicable (GBP Acoust 003-1002493091 Aah Blue Area Iamabad (58 Pounds) = Saving iy Dela Account 035 1903488477 Allah Bue Area aamabsd (G2s60 Dalla) - Saving uy ato Aecoont 0035 1003493044 Aliah Blo Ares Islamabad (NI, ure) ¢)Dalar Aecount 0033003492797 Alls Bue Area slamabod (4470 Dolls) - Saving (9 Debentures Not Appliable (0) "Navona Investment (Unt) Trust, Not Applicable (i) ICP Cerieater Net Applabe (8) Nationa Savings Schemes Not Applicable = Defence Savings Ceriate Not Appllable = Speci Savings Certcate Not Applable = Regular come Certeate Not Apple (0) Unecured loane Not Appeal 6) Morgagee Nex Appia gy Advance for 3 Bed at Type eel, Tower, Conston Avene (Grand Hyatt Development lamabad o Model Reg. No. fl Nil ® ©) Weight Nox Avaliable (i) Description Nor Applicable ©) Cash and Bank Accounts? @ Cathinband (Cath at Bank Alc #0035002495256, Bank Alt IBD, Blu Are Isamabod- Saving Account (it) Cathat Bank Al #o0100268732700, Bank Aled Bank, Palament Howe, lamabad.- Curent (jo) Aliod Bank Paslarnent Hous, Islamabad Ae No. oc1036873270026- Curent (0) Bank Alflh slamabad Ae No, (o05-1006q10529)~ Curent (i) Sank Allah nlamabad Af No, (003506 s20)-Crrent (0) Bank Alfa lamabad Af No (003006410317) - Current (si) Dank Alea Ielamabad A No. 00351006 1054) - Curent (Ge) Bask Alf slamabad Ae No. (003500640525) Current (@Eumnitucs Fittings and articles of personal uss ‘cai Goat wie WA WA NA NIA NIA NIA WA NA WA A ug70,000 NA NIA aaa G10 een os40 2300 geno 900 90,000 sear |prns.uso fo us031 ©) dscete transfered ta any pecan | (0) Without adequate consideration + (i) by revocable transfer Not Apoiable (6 Anyotherassets, . (i) 2 Kanal u Marla land In Mouza Mane, Pakpattan Sharif 379 Kanal: Marla land in Mou ie Ghar, Pakpatan Shaif (Gi) 367 Kanal 6 Marla land in Mousa Faridabad, Depalpor, Okara (i) House No 3, Steet 2, Bani Gal Islamabad (3 Kanal House) ‘TOTAL sa LIABILITIES Liabilities ‘Amount Remarks (Mortgages secured on Properyofland Unsecured Loans owing (Gi) Bank Overdeatt (ho) Bank Loans (©) Amounts due under Hire Purchase Agreement (0) House Building Loans Security agaist rent (vi) Advances from Provident Funds et. (i) Advance against tale ofland at Shektopura cher detis due (6) standing in hel names) (63) Pertonal expenditure ie Total Delete ac Net Assets saaig67 ‘Amount in words: One hundered forty two million, one hundered nluteen thousand one hundered snty seven, only VERIFICATION |, Imran Ahmed Khan Niazi s/o Hcram Ullah Khan Niazi do hereby declare solemnly that, to the best of my knowledge and belief, the above statement of the assets and liabilities of myself, my spouse, dependend children is correct and complete and nothing has been as on 3oth June 2020, concealed therefrom.32 29. However, perusal of the statement of assets and liabilities for the year 2019-20 in the relevant column J(i) shows that no such transfer of the gifts has been shown and N/A is recorded which was required to be filled with details by the Tespondent in column number 3 of Form-B (remarks). Likewise, FBR has its own procedure and law for declaration or submission of details in respect of filing of annual tax returns and in case of failure there are consequences under their own laws. The Election Commission of Pakistan is an independent Constitutional body mandated under Constitution and law for holding of free and fair elections and to guard against corrupt practices. For performance of its functions and duties separate election laws in the shape of Elections Act, 2017 and Election Rules, 2017 are in field and all the members of National Assembly and Provincial Assemblies are required to submit the annual statement of assets and liabilities under Section 137 of the Act. There are separate consequences in case of failure or submission of false declaration. Both the organizations are doing different nature of work under their different laws and it would be a weak argument that the statement submitted before one can be considered for the other. There are different requirements for FBR and this Commission for filing of tax returns and statements of assets and liabilities. 30. The respondent has not given any explanation that the non-disclosure of aforementioned details is un intentional, accidental or bona fide mistake. There are deficiencies in the statement of assets and liabilities submitted by the respondent in the Election Commission. The respondent has clearly violated the provisions of Section 137 and 173 of the Elections Act,2017 by commission and omission which amounts to submission of false statement and incorrect declaration and is guilty of corrupt practices and also attract disqualification under Article 63(1)(p) of the Constitution read with Section 137 and 173 of the Elections Act,2017. 31 The consequences of incorrect statement and false declaration has been deliberated upon in the Judgments of the August Supreme Court reported in PLD 2010 SC 828 and PLD 2010 SC 817 supra. 32. For responding to Question No.6 and 7 the details of gift items received, retained and sold out by the respondent is given below for the year 2020-2133 oriental style Sr. ] Detail of Gifts | Date | Assessed Retained or| Retained on] No. Items Value in Rs. not retention cost 1. | One silk carpet 17.09.2020 | 4.0000/- Not Retained | Deposited in Tosha Khana 2. | One box | 24.09.2020 | i) 4,408,000/- Retained a) 2,435,000/- containing ii) 255,000/- b) 9,031,000/- i) one wrist watch i) 230,000/- (Rolex No. P iv) 7,000/- 6757 4v3) Total i) Pair of 4,900,000/- Cufflinks. b) ill) One ring i) 10,970,000/- iv) Un_ stitched il) 2,430,000/- cloth of pant coat iii) 2836,000/- b) one box iv) 1,856,000/- containing Total i) one necklace 18,092,000/- ii) one bracelet ill) one ring iv) pair of ear ring 3. | One decoration | 30.09.2020 | 70,000/- Not Retained | Deposited in piece (stone) Tosha-Khana A. | One carpet 26.10.2020 | 3,000/- Retained Free of Cost __| 5. | One wall hanging | 26.10.2020 | 20,000/- Retained Free of Cost 6. |i) ‘One | 02.11.2020 | i) 50,000/- Not Retained | Deposited in Calligraphy il) 10,0007- Tosha Khana ii) One Chogha 7. | One wall hanging | 06.17.2020 | 15,000/- Retained Free of Cost (frame) : 8. | One carpet (12 | 01.12.2020 | 175,000/- Not Retained | Deposited — in meter) Tosha Khana 9. | One decoration | 02.12.2020 20,000/- Retained Free of Cost piece (Artificial L Flower Tray) | 10.) One Carpet 13.01.2021 | 32,000/- Retained 1,000/- 11.| One Carpet 22.02.2021 | 22,000/- Retained Free of Cost 12.| Noritake “dinner | 04.03.2021 110,000/- Retained 40,000/- set (26 pieces) 13.) i) Noritake dinner | 04.03.2021 i) 100,000/- Retained 45,000/- set (34 pieces) ii) 20,000/- ii) pair of Cufflinks 14] i) Jem stones of [04.08.2021 11) 5,000/- Retained | Free of Cost Sri Lanka (duly ii) 25,000/- framed) !) Tasbeeh 15.! i) Surahe (silver | 04.03.2027 100,000/- Not Retained | Deposited in 1.268 Kg Tosha Khana approx 16.| Three Tables in | 11.03.2021 | 45,000/- Not Retained | Deposited in | Tosha Khana34 . f (handmade T 7 | wood carving) Ss | 17/7) One — box | 18.05.2021 | 1) 254,000/- | Retained containing 2) (ab,c,d) a) Oud Wood Rs. 42,000/- b) Two Bottle of 3) 500/- | Ba ‘C) Two Chogs | } 2) One box containing a) 03 packets of dates b) Three bottles of Honey c) Three bottles | of olive oil d) Three packets of coffee | 3) One box | containing 01 book (Craft of Kindgom) aL |” 187 One box | 78.05.2027 | a) 1359,000/- | Ratained | 2,914,500/- containing b) 275,000/- a) One necklace ) 225,000/- b) one pair of ) 4000,000/- earring | Total pe ©) one ring 5859,000/- | d) one bracelet _ 19.[ One table clock | 04.06.2021 | 130,000/- Not Retained | Deposited in with two candle Tosha'Khana | stand a] | 33. In response to Question No. 6 and 7, the Respondent in his reply has admitted that 5 gift items were retained by him after paying a total amount of Rs. 11,684,250/- (Eleven Million Six Hundred Eighty-Four Thousand Two Hundred Fifty Only) and that the total cost amount has been declared against precious items in the statement of assets and liabilities for the year 2020-21 and that a declaration to this effect has also been made in the Tax Returns for the year 2020-21. In this regard, it is pointed out that the respondent has declared amount of precious items of Rs. 11,684,250/- (Eleven Million Six Hundred Eighty-Four Thousand Two Hundred Fifty Only) under the heading 2(i) Furniture, Fittings & Articles of personal use. However, no details of the gift items in regard to particulars of items have been disclosed in column number 3 of Form-B (remarks). Moreover, as we know from the documents received from the Cabinet Division, that the items retained by the Respondent include Watch, Necklace, Bracelet, Ring, Earring, Carpet, Wall Hanging, etc. Hence, the asia fs I &35, respondent was required to declare these items under various headings specifically defined in Form-B under the main heading of Moveable Assets i.e. Jewellery (items 2g), any other assets (para 2k), Assets transferred to any person (para 2j), which was not done in this manner and the lump sum amount has been mentioned under the heading 2(i) as Furniture, Fittings and Articles of personal use. 34. In view of above discussion, it is established that the respondent has not complied with the provisions of Section 137 and 173 of the Elections Act,2017 and has made False declaration and incorrect statement before the Commission, therefore, he is also guilty of corrupt practices under Section 173 of the Elections Act,2017 and disqualification is attracted under Article 63(1)(P) of the Constitution read with Section 137 and 173 of the Elections Act,2017. 35. On the basis of record forwarded by the Speaker National Assembly and obtained by the Election Commission of Pakistan from Cabinet Division and bank statement of the respondent through State Bank of Pakistan, we are satisfied and are of the opinion that; i. The respondent has deliberately concealed the material facts by not disclosing the details of gifts in statement of his assets and liabilities for the year 2018-19 nor has accounted for the sale proceed. He has also not provided details of the gift items as required under column number 3 of Form-B. He has also failed to annex the details of cash and bank account of the sale proceeds as required under column h(i)&(i) of Form-B for which all the details of the gifted amount has to be mentioned. The amount allegedly received in his bank account does not commensurate with the assessed value of the gift items. Hence, the respondent has filed false statement and incorrect declaration in material particular for the financial year 2018-19. ii, The Respondent has also made evasive and ambiguous statement in his written reply that the gifts purchased by him during the financial year 2019-20 were further gifted by him or on his behalf to others. However, the relevant column j(i) of Form- B is marked as N/A and there is no explanation in the remarks of column 3. Therefore, it is established that he has deliberately concealed material facts and36 has submitted false declaration of his assets and liabilities in particular material which entails serious consequences under the Constitution and law. ii, The respondent has intentionally and deliberately violated the provisions contained Section 137,167 and 173 of the Elections Act,2017, who has made false Statement and incorrect declaration before the Commission in the statement of assets and liabilities filed by him for the year 2020-21. Hence, attracts disqualification under Article 63(1)(p) of the Constitution read with section 137 and 173 of the Elections Act,2017 As sequel to our abovementioned findings, facts available on record and keeping in view the argument of learned counsel for parties herein, we are of the considered opinion that the Respondent has become disqualified under Article 63(1)(p) of the Constitution read with Section 137,167 and 173 of the Elections Act,2017, consequently he ceases to be a member of the National Assembly of Pakistan and his seat has become vacant accordingly. As the respondent has made false statements and incorrect declaration, therefore he has also committed offence of corrupt practices defined under Section 167 and 173 of the Elections Act,2017, punishable under Section 174 of the Elections Act, 2017. Office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017, ee han Raja VY Chairman i Nsai urrani Shah Muhdmmad Jatoi Member Mertiber ws “ Bab: Hassan when Justice (R) Ikram Ullah id Member Member Date of announcement. 21-10-2022.

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