Imran Khan will be disqualified under the Article no 62 & 63?

Chief Justice of Pakistan Saqib Nisar asked Akram Shiekh, the lawyer on behalf of PML-N leader Hanif Abbasi, whether any documents were available to prove that the Pakistan Tehreek-i-Insaaf had accepted illegal funds and details about their funding sources.

The chief justice of Pakistan Saqib Nisar was presiding over the three member apex bench, including Justice Faisal Arab and Justice Umar Atta Bandiyal, that has been hearing a petition submitted by Abbasi seeking the disqualification of PTI Chairman Imran Khan and PTI Secretary General Jahangir Tareen for the non-disclosure of assets, ownership of offshore companies, and for PTI being a foreign aided party and illegal uses of Shukaat Khanum’s funds.

During proceedings in the apex court, Akram Sheikh had argued before the apex bench that Imran Khan had submitted a "fake" certificate before the Election Commission of Pakistan to show that no donations from prohibited sources were received by the party and therefore, should be disqualified under Article 62 and 63 of the Constitution.

However, the chief justice of Pakistan Saqib Nisar had observed that the Political Party Order (PPO) 2002 did not imagine such a penalty for the submission of a “fake” certificate.

Chief Justice of Pakistan Saqib Nisar Said to PML-N lawyer Akram sheikh that "On what basis can it be said that the certificate submitted by the PTI is fake?"

Akram Sheikh told that the jurisdiction of determining that the funds received by a political party are illegal rested with the Election Commision of Pakistan. However, the PML-N lawyer said that the ECP has been denied its authority.

Akram Sheikh told to the bench that the chief justice's observations from a day earlier warranted further clarification.

"The nation should be made aware that funds were accepted from multinational companies by the Pakistan Tehreek-e-Insaf," Akram Sheikh also said, that the PTI had admitted to accepting prohibited funds.

"Prohibited funds can be confiscated; there are laws that allow such funds to be confiscated," Akram Sheikh argued. "If the head of a political party submits fake certificates, politicians will cease to be honest."

Listening to PML-N's lawyer, Justice Bandiyal told him that he would have to prove that the PTI had accepted prohibited funds.

Akram Sheikh claimed that foreign corporations sent $40,760 to PTI Pakistan, an argument that was turned down by the chief justice.

"The records don't prove this," chief justice said. He also pointed out the possibility that corporations that funded PTI are owned by overseas Pakistanis.

Akram Sheikh, however, said he cannot "bear the burden" of obtaining the certificates of the corporations funding PTI. The PML-N lawyer urged the court to maintain its neutrality.

Justice Nisar assured him that the bench realised its responsibility and was only questioning him to establish a clear understanding of the case.

The petition accuses PTI of receiving funds exceeding one million dollars from PTI USA, which is against USA's Foreign Agent Registration Act (FARA). However, the chief justice maintained that American law is not applicable in Pakistan.

Akram Sheikh has argued that since the PTI has not disclosed the name of its donors, the party must be disqualified under Articles 62 and 63 of the Constitution. "An MNA can be disqualified even for failing to declare his assets," Akram Sheikh had said, bringing up the recent disqualification of Nawaz Sharif.

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