Can Chairman PTI contest elections? - Shah Khawar's Analysis
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00:00 me a chance sir. Shah Khawar Sahib, is Imran Khan's status as of right now, is he eligible
00:05 or not? Can he fight the elections or not? As of right now.
00:09 Look, as far as I know, the punishment he was given in Tushakhana, though his punishment
00:16 has been terminated and he is on bail in that case, but one thing that Barrister Gauharsh
00:23 does not remember is that the election commission of Pakistan had a meeting shortly after the
00:30 decision and they issued a notification of 5 years of imprisonment under article 63.
00:37 And that notification is still in the field and PTI, Khan Sahib or Barrister Gauharsh
00:44 never challenged it. So I think that Barrister Gauharsh has never thought about it.
00:51 He is not able to recall it. He is saying with great confidence that he is eligible
00:58 to contest the elections and is the chairman of the party. There is no doubt about it that
01:05 PTI is a big political party of Pakistan and they have ruled in the provinces and in the
01:12 state. And there is no doubt that the justice system of Pakistan revolves around Imran Khan
01:18 Sahib's personality and his aura. There is no doubt about it. If he is not eligible
01:24 or cannot contest the elections for some reason, then his grip and control in the party…
01:33 But he is not eligible now.
01:35 Let me comment on this. I don't remember what Mr. Shahkhawar said about it.
01:39 And what else?
01:40 I just told you the details. This is the notification of the election commission
01:43 on 8th August and we have challenged it. And what I was telling you was that the notification
01:48 of the election commission said that you were elected from NA45 and the members are elected
01:55 and we are denotifying you. And it also added that you are disqualified for 5 years.
02:00 When you have deceived me, how can you move forward? And that is already challenged in
02:04 Islamabad court.
02:05 Yes, that is challenged, Mr. Shahkhawar. So I am asking you for a legal opinion.
02:10 Is Imran Khan disqualified or not?
02:14 Look, in given circumstances, he is not eligible to contest the elections.
02:20 But if his sentence in Tausha Khana, I think it will be over after 2 days, if he is released
02:29 from there, then he will be eligible to hold the position of party chairman and contest
02:35 the elections.
02:37 Okay, if he is released and if he is elected as interim chairman, then it will be a right
02:46 decision to save him from legal or legal trouble.
02:51 Look, this has happened 2-3 times. It happened with PMLN when Biannawa Sharif was punished.
03:00 Then he had to appoint a new president according to election laws, who was Mian Shabaz Sharif
03:07 and still is. And he still cannot become chairman because there is no doubt that the overall
03:14 control of the party is of Mian Nawaz Sharif. If he is called Tahayat Patron or whatever
03:21 name he is given, but while fulfilling the requirements of the law, the elected office
03:27 of the party which is enlisted in the election commission cannot be kept in office.
03:34 This is absolutely clear.
03:36 This is clear sir. Let me come to today's discussion.
03:39 They say that they cannot contest the elections until your appeal is decided.
03:42 Look, we are saying this because if the election commission is doing it in the name of its
03:46 notification, then that is why we are challenging it.
03:49 We do not legally believe in its validity and lawfulness.
03:53 But since they notified us, that is why we have challenged it.
03:57 Challenged it. In the process, it is probably better that you be made the next chairman,
04:01 Patron in Chief.
04:03 No, look, whatever decision is taken till tomorrow.
04:06 Don't worry. These are the words of your leader. Don't worry. Don't worry.
04:11 Whenever I meet him, he is very encouraging.
04:14 And he says don't worry.
04:15 Don't worry. I am surprised at his courage. He never asked me what is the value of my case.
04:21 Show your courage. Show your courage that if I am given this responsibility, I will lead this crisis.
04:26 No, no, look, if I am given the responsibility, then for me, he is saying, listen, I will go into this discussion.
04:31 I would want to congratulate you defensively now.
04:34 I am saying this.
04:35 You see, Mr. Mubirja, but Mr. Shah, why don't you want to see Imran Khan being produced?
04:41 Salman Sabdar also appealed to the court today that if there is a security threat,
04:45 then the case should be dismissed for a non-criminal period.
04:48 But this trial cannot be held here either. They say it cannot be held in jail either.
04:51 So where can it be held?
04:53 Look, Salman Sabdar is his lawyer. He is a very professional lawyer.
04:57 He has every right to present his case in front of the court.
05:01 But this jail trial has to be decided by the presiding officer who is resolving the case.
05:09 You must have seen that when the decision of the Division Bench of Islamabad High Court came,
05:15 they accepted their intra-court appeal while setting aside the first decision of the single judge.
05:23 And they held that this trial will be open.
05:27 But in that decision, they also wrote that the section of the case of the criminal case also provides
05:34 that in exceptional circumstances, in jail, in camera,
05:39 Sir, but my problem is security here.
05:41 So Shah Saab, hear me out. Imran Khan Sahib has been presented in this secure judicial complex more than 100 times.
05:47 There was no threat then.
05:49 It was said that whatever has to be done, it should be done.
05:51 What is the threat today?
05:53 And a big legal question is that can a jail superintendent refuse to implement the orders of the court?
05:59 The clear statements of the Islamabad High Court and the Special Court say that the jail superintendent refuses to implement these orders.
06:05 No, not at all.
06:06 Look, the jail superintendent can not at all say that the Islamabad High Court or any court can not define the order of a civil judge or a magistrate court.
06:16 If he does, he will expose himself to the contempt.
06:19 Was he not exposed today?
06:21 But let me tell you one thing that the judge of the Anti-Terrorism Court, who is also looking at the case of Cipher,
06:29 he had requested the jail superintendent to present him with a special court in light of the decision of the Islamabad High Court,
06:38 which is a federal judicial complex in Islamabad.
06:42 So we were there, his defense counsel was there, his families were there.
06:46 So at that time, a procession was led, which came at night and was in a closed envelope from the jail superintendent.
06:54 In that, he informed the court that according to your order, we contacted the Islamabad Capital Police for the law and order situation.
07:03 So there was also an attached confidential letter from the Islamabad Capital Police in which he was...
07:09 I think his line has frozen a little.