Court declares Toshakhana case maintainable, summons witnesses

ISLAMABAD: A local court on Saturday declared the Toshakhana case against Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan, maintainable, and summoned witnesses for recording their statements during the next hearing to be held on July 12.

Additional Sessions Judge Hamayun Dilawar, while announcing its reserved judgment, declared the Toshakhana case against the PTI chief maintainable, and adjourned the hearing of the case till July 12. The court reserved its verdict after hearing arguments of the Election Commission of Pakistan (ECP)’s counsel Amjad Pervaiz’s arguments over the maintainability of the case.

The court observed that it has granted time to the PTI chief’s counsel Khawaja Haris for submitting his argument but he did not argue before it. At this, the court reserved its verdict and terminated the right of hearing of the PTI chairman’s counsel. The court also rejected the PTI chairman’s lawyer Barrister Gohar Khan’s application to adjourn the hearing of the case till July 10.

Gohar Khan, Khan’s lawyer requested the court that the lead counsel Khawaja Haris will make arguments in this case. The Islamabad High Court (IHC) had approved our application so that you can hear our arguments. He requested to adjourn the hearing of the case till Monday next. To this, the judge said that you could have submitted arguments in the time that you have spent while filing an application for adjournment of the case.

At the outset of the hearing, former premier’s counsel filed an application seeking an exemption of his client from personal appearance before it. ECP’s counsel Saad Hassan objected to the PTI chief’s exemption plea and requested to reject it. However, the court approved Khan’s exemption application.

The PTI chief’s counsel requested the court to adjourn the hearing of the case till July 10. The PTI chief’s lead counsel Khawaja Haris is not available for appearing before the court till 10 as he is busy in some family affairs. He further told the court that the PTI has serious security concern in the district courts.

To this, the judge told the counsel that you had submitted an undertaking that Khawaja Haris will appear today before it. Does the accused have rights? The petitioner has no rights, the judge asked. The judge told the PTI’s chief lawyer that your attitude is not appropriate.

The judge told Khan’s counsel to present his arguments by 11:30 am; otherwise, the court will hear the arguments of the ECP’s counsel and then will announce its verdict. The court took a break till 11:30 am.

After the break, the ECP counsel resumed arguments and he gave a reference of the ECP’s verdict dated October 12, 2022. He said the ECP had recommended lodging a criminal case against Imran Khan for not disclosing the gifts received from the Toshakhana.

He said that it was the constitutional responsibility of the ECP to take action against the corrupt practices. There is a misunderstanding regarding the complaint filed by the lawyers of the PTI chairman, he said. The crime is proven or not, it will be decided after the trial, he said, adding that involvement in corrupt practices is a crime. According to the law, crime has no expiry date, he said.

The ECP’s counsel said that the ECP look into the assets before and after becoming members of the National Assembly.

Under Article 63, the Speaker National Assembly has forwarded reference to the ECP at the complaint of members, he said, adding that former premier Khan had not declared gift in his assets details. The ECP had issued notice to him but he did not satisfy the commission, he said.

The court reserved its verdict after hearing the arguments of the ECP’s counsel.

Copyright Business Recorder, 2023