ISLAMABAD: A local court, on Tuesday, rejected Pakistan Tehreek-e-Insaf (PTI) Chairman and former prime minister Imran Khan’s plea seeking to transfer the trial of Toshakhana case against him to any other judge of the district and sessions court.
Additional Sessions Judge Humayun Dilawar, while announcing its reserved judgment on the PTI chief’s application seeking to transfer the trial of the Toshakhana case against him, dismissed the application.
The court also approved the PTI chief’s plea seeing an exemption from personal appearance before it for one day.
The PTI chief’s legal team filed the plea seeking to transfer the trial of the case due to the alleged Facebook posts of Judge Dilawar.
Khan’s counsel Barrister Gohar Ali Khan and the Election Commission of Pakistan (ECP)’s counsel Amjad Pervez appeared before the court.
At the outset of the hearing, the PTI chief’s counsel filed an application seeking an exemption for his client from the personal appearance before the court.
The ECP’s counsel, while objecting to the PTI chief’s exemption application said that there is no signature of the accused on the petition seeking exemption. The IHC had granted over two months’ stay to the accused, he said, adding that he enjoyed the over two-month stay.
He said that the PTI chief’s attitude towards the court is “not serious”. The PTI chief is “running from the case,” he said. He requested the court to reject the PTI chief’s exemption application.
Gohar Khan said that the accused should be given complete legal rights during the trial. Was it not better to attach the transfer application you have filed before the Islamabad High Court (IHC), the judge asked.
During the hearing, Khan’s lawyer showed the judge’s alleged Facebook posts in court. Do not you think that there should be a judicial inquiry into this matter, the judge asked? The ECP lawyer Amjad Pervaiz opposed the no-confidence motion on the judge.
Judge Dilawar also expressed his anger, saying the Facebook account belonged to him, but the posts were not uploaded by him. It would have been good if the petitioner’s lawyers would have demanded a judicial inquiry, but “they also resorted to trolling like the PTI”, the judge said.
The PTI chief’s counsel said that he felt bad when he saw these posts on Facebook. Whether the posts are correct or not, it is not appropriate for the court to conduct a trial of this case, he said, adding that at the time when he filed the transfer application before the IHC these posts were not available on Facebook. All the posts are present on Facebook, he said.
ECP’s counsel Amjad Pervaiz, while opposing the motion of no-confidence against the judge, said slinging mud on the court without an affidavit cannot be allowed. A campaign has been launched on social media against the judge, he said.
He further said that filing a transfer application in the same court is only a delaying tactic. He requested the court to reject both the pleas of the PTI chief.
The court after hearing the arguments of both parties reserved its judgment.
Later, while announcing its judgment, the court rejected Khan’s application seeking transfer of case and approved his exemption plea, and adjourned the case till July 20.
Copyright Business Recorder, 2023
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