ISLAMABAD: Pakistan Threek-e-Insaf (PTI) Chairman and former Prime Minister Imran Khan’s counsel termed the Toshakhana case against the PTI chief as “a fake case”.
PTI chief lawyer Khawaja Haris, during the cross-examination of the prosecution witness and district election commissioner Wiqas Malik in the court of Additional Session Judge Humayun Dilwar, said that this is “a fake case” and these people are “liars”.
During the hearing, Haris asked the witness have you brought the record of proceedings of the Election Commission of Pakistan (ECP). The witness replied that the record related to his complaint is available as he is only relevant to the extent of the complaint. The deputy director of law ECP did not bring records related to the proceedings of the ECP and only the record related to the complaint is available, he said.
Haris said the record related to the proceedings of the ECP be produced before the court. The judge questioned that what is the relevance of the record regarding the proceedings of the ECP with this case.
Khan’s counsel said the record regarding the proceedings of the ECP had close relevance with this case because the whole statement of the witness is based upon these proceedings.
Has PTI chief Imran’s lawyer challenged the decision of the ECP here? Amjad Pervez, ECP’s counsel asked while opposing the question defence counsel.
The cross-examination conducted by the PTI’s chief lawyer was irrelevant, he said.
The ECP’s counsel further said that gifts had been taken from Toshakhana but the counsel did not conduct cross-examination in this regard. “The record related to the complaint is available and seeing it is the right of the defence counsel,” he said, adding the witness had nothing to do with the record related to the proceedings of the ECP.
He said the record related to the complaint was present here which also made part of the court record. The witness said during the cross-examination that he had attached his affidavit with the complaint of the ECP on November 8, 2022.
During the hearing, the judge remarked that the lawyers who do not represent the PTI chief avoid interference in the proceedings. Now if anyone tried to interfere in the proceedings he sends him out of the courtroom, the judge said.
Haris asked the witness that it is written in the complaint that you were appointed as the deputy election commissioner. The witness replied that the word deputy election commissioner written in the complaint is “a typo”. When did you come to know about the typo regarding your position, Haris asked the witness.
The witness replied that he came to know about the typo regarding his position after filing the complaint. Did you come to know after two weeks of typo? Haris asked the witness. The witness replied that he did not remember the date.
Haris further asked the witness have you filed any application when he came to know about the typo regarding his position. “I did not file an application regarding the matter,” the witness replied.
“If I say that the affidavit attached with the complaint is not signed by you and it is signed by someone else,” Haris told the witness. The witness said that he affirmed the full and initial signature on oath. At the moment, he did not have any document to prove his signature, the witness said.
The judge told the witness “why you are looking towards the ECP’s counsel, Amjad Pervez. Look towards Khawaja Haris or towards me,” the judge further told the witness. Haris told the court that he will not proceed with the trial if the ECP’s counsel continued interference in the trial.
The judge stopped the ECP’s counsel from speaking during the cross-examination. The judge also remarked on the complete cross-examination of the witness after the Friday prayer. “You cannot leave the cross-examination incomplete,” the judge further said. To this, Haris told the court that he also had other engagements. He cooperated with the court and conduct quite a long cross-examination, he said.
He said that “what will happen if the court adjourned the hearing of the case till Monday.”
The judge asked Haris to complete the cross-examination of the witness. Haris replied that “the cross-examination cannot be completed today.”
The judge questioned Haris, “do you have any justification for not completing the cross-examination? I am not mentally prepared to further continue the cross-examination of the witness,” Haris said.
The court rejected Haris’s request to adjourn the hearing of the case till Monday and directed him to continue cross-examination after the Friday prayer.
To this, Haris told the court, sorry, he will not be available after Friday prayer and left the courtroom.
The court took a break till after Friday prayer.
Sher Afzal Marwat, another counsel of the PTI chief, appeared before the court after Friday prayer. He requested the court to adjourn the hearing of the case till Monday instead of Saturday (today).
The court turned down the PTI chief’s counsel’s request and adjourned the hearing of the case till today (Saturday).
Copyright Business Recorder, 2023
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