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Toshakhana verdict against PTI chief in haste

By DTD-

SC finds shortcomings in Toshakhana verdict but stops short of action for now,

Maryam Nawaz criticizes CJP’s remarks in support of PTI chief.

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial Wednesday observed that the trial court judge announced the verdict against former prime minister Imran Khan in the Toshakhana case in haste.

while hearing appeals filed by the PTI chairman in the Toshakhana case, said apparently there were shortcomings in the trial court decision but the apex court would wait for the Islamabad High Court decision on the appeal.

The apex court adjourned the hearing on the appeals till tomorrow (Thursday). Chief Justice of Pakistan (CJP) Umar Ata Bandial said the court would wait for IHC’s order before ‘interfering’ in the matter. However, the top judge observed: “Prima facie, there are shortcomings in the trial court verdict.”

A trial court in Islamabad on Aug 5 found the PTI chief guilty of ‘corrupt practices’ in a case pertaining to concealing details of state gifts and sentenced him to three years in prison. The verdict also means that he stood disqualified from contesting general elections for five years.

Subsequently, the PTI chief approached the IHC against the decision. A day earlier, the high court had adjourned the case till Aug 24.

A three-member SC bench – CJP Bandial, Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail – conducted hearing of the case.

PTI lawyer Latif Khosa and Election Commission of Pakistan’s (ECP) counsel Amjad Pervaiz advanced arguments during the proceedings.

After hearing both sides, the CJP remarked, “Court will not interfere in the Toshakhana case today … we will look at the IHC hearing tomorrow (Thursday) and then resume the proceedings.” The CJP observed that the trial court judge had announced the verdict in the Toshakhana case in haste.

At the outset of the hearing, PTI chief’s lawyer Latif Khosa said his client had filed three petitions against the IHC orders in the apex court.

Advocate Khosa prayed to the court that his client had been accused of misdeclaration of his assets. On the query of Justice Naqvi, Khosa read Section 137 and sub-section 4 of the Election Act, 2017.

Justice Naqvi inquired did the members of the assembly have the authority to send a reference against their fellow members and under which law could assembly members send references against other parliamentarians.

To this, Khosa replied that members of the assembly did not have the authority to send the reference. He said only the NA speaker had this authority.

He further told the court that the electoral body could only take action against an MNA within a fixed time of 120 days after the submission of financial statements.

“The present case is not whether a reference could have been sent against the PTI chairman or not,” Justice Mandokhel said. “You have challenged the decision of the Islamabad High Court.”

CJP Bandial also told Khosa that the issue of the case’s jurisdiction had been challenged.

“You yourself are saying that the case is pending in another court,” the CJP said. “Our stance is that the Toshakhana complaint should have first been sent to the magistrate,” Khosa pointed out.

“According to you, the magistrate conducts the initial inquiry and then the sessions court holds the trial,” the chief justice asked.

Justice Mandokhel explained that the law states a magistrate would review the complaint and then send it to the sessions court.

After hearing arguments from Khosa and Amjad Pervaiz, the CJP remarked, “We will not interfere in the Toshakhana case today. We will look at the IHC hearing tomorrow and resume the hearing.”

Earlier,

 

Last day  The Islamabad High Court (IHC) will resume hearing of Pakistan Tehreek-e-Insaf (PTI) chief’s appeal against his sentence in Toshakhana case today (Tuesday).

A two-member bench of Islamabad High Court will hear the petition for suspension of sentence of PTI chairman. Chief Justice Amir Farooq and Justice Tariq Mehmood Jahangiri will hear the petitions.

 

The court has issued notices to the parties on suspension of sentence on the main petition. The court had also ordered the registrar’s office to summon the records of the case. During the previous hearing, lawyer Khawaja Haris and Sardar Latif Khosa had advanced their arguments on behalf of PTI chairman.

The former premier has challenged the IHC decision of remanding back the Toshakhana case to the trial court to decide on its admissibility. On August 3, the IHC again remanded the Toshakhana case against the PTI chief to the trial court to decide on its maintainability by invalidating its previous decision.

IHC Chief Justice Aamer Farooq had issued the ruling on a set of petitions filed by the former prime minister challenging the admissibility of the case, jurisdiction of the court and other aspects of the case.

The high court has rejected a petition of the PTI chief, seeking transfer of the case to another court, as it ruled that Additional Sessions Judge Humayun Dilawar will continue to hear the case.

This was the third time that the IHC has remanded the case to the trial court to decide on the admissibility as the latter had twice declared it maintainable.

Subsequently, the trial court sentenced the former primer to jail for three years after finding him guilty of not declaring the gifts he had retained from the state depository in the assets declarations submitted to the Election Commission of Pakistan (ECP).

The PTI chief is currently serving his jail term at the Attock jail with petitions against the conviction pending with the high court.

While,

Pakistan Muslim League Nawaz (PML-N) Senior Vice President Maryam Nawaz has criticized Chief Justice of Pakistan Umar Ata Bandial’s remarks in support of PTI Chief Imran Khan,

Chief Justice Umar Atta Bandial on Wednesday held that the trial court’s order in the Tosha Khana case was incorrect at the hearing on the appeal brought by the former prime minister challenging the Islamabad High Court’s ruling in the case.

The chief justice added that they would hear the case after waiting until tomorrow for the Islamabad High Court’s ruling.

In a post on social media platform X (formerly Twitter), Maryam Nawaz stated When the Chief Justice has given the decision, what is the need to wait for the High Court tomorrow?In another post on social media platform X, she said that the Chief Justice’s support of Chairman PTI could not turn the former Prime Minister into a nice man rather this action would damage the Chief Justice of Pakistan’s reputation.

 

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