ISLAMABAD: The Islamabad High Court (IHC) will hear Imran Khan’s petition challenging the maintainability of criminal proceedings against him in the Toshakhana case filed by the Election Commission of Pakistan (ECP) today (Thursday).
A single bench of Chief Justice Aamer Farooq will hear different petitions, wherein, the court had already issued stay orders against the indictment proceedings against Imran Khan, chairman Pakistan Tehreek-e-Insaf (PTI).
In this matter, Khan also filed a petition challenging the maintainability of criminal proceedings against him in Toshakhana (gift depository) case.
Besides staying the proceedings on the last hearing, the IHC chief justice also issued notices to the ECP and other respondents.
It was May 10 when Additional Sessions Judge Humayun Dilawar indicted the PTI chief, rejecting objections raised by Khan’s lawyers who had boycotted the proceedings.
The ECP had filed a complaint at the lower court seeking proceedings under criminal law for not disclosing information related to the gifts the former Prime Minister received during his time in office.
During the last hearing, Khan’s lawyer Khawaja Haris argued that the complaint against his client was submitted by a district election commissioner and not by a competent authority. He added that the ECP did not submit a letter to appoint someone as competent authority. He added that the ECP only asked its office to file a complaint and the complaint filed without the competent authority cannot be heard. He maintained that he is relying on the documents provided with the record by the prosecution.
He contended that the complaints cannot be sent for criminal action after the prescribed time of 120 days. He told the bench that the issue had been raised with the trial court as well, however, the judge had said that they will be addressed during the evidence stage of the proceedings.
He adopted the stance that his argument is that no further action can be taken on the complaint. He further said that they are objecting to whatever is on record. He added that the matter of criminal proceedings should first go to the magistrate and then to the sessions court. He further said that the complaint has to be first filed with the magistrate and then he has to record the opening statement and send it to the sessions court.
Copyright Business Recorder, 2023
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