ISLAMABAD: A local court, on Monday, granted time to Pakistan Tehreek-e-Insaf (PTI) Chairman and former prime minister Imran Khan for recording his statement under Section 342 Code of Criminal Procedure (CrPC) in the Toshakhana case till today (Tuesday).
Additional Sessions Judge Humayun Dilwar, while hearing the case, approved the PTI chairman’s counsel’s application for adjournment of the hearing and summoned him for recording a statement today (Tuesday).
The court rejected Khan’s plea seeking to adjourn the hearing for the recording of the statement under 342 till the decision over the application is pending before the Islamabad High Court (IHC.)
The judge remarked that as per the PTI chairman due to Ashura holidays his statement to be recorded under Section 342 CrPC could not be prepared. The PTI chief also did not express confidence in the sessions court, the judge remarked.
The PTI chairman appeared before the court along with his counsel Sher Afzal Marwat.
Khan’s lawyer told the court his client’s lead counsel Khawaja Haris is busy in the Supreme Court. The court, during the previous hearing, had given the PTI Chief’s counsel a questionnaire consisting of 35 questions and he has also had to submit written replies to these questions, he said, adding the lawyer did not work during Ashura.
He further said the PTI chief has challenged the matter related to recording a statement in the apex court. He requested the court to grant an appropriate time for the PTI chief for recording his statement.
Amjad Pervez, counsel for the Election Commission of Pakistan (ECP) while arguing before the court, said the provision of a questionnaire to the accused is tantamount to the provision of relief. “The PTI chairman was supposed to record his statement last Thursday and today is Monday but the statement has so far not been recorded,” he said, adding that “if the accused wants to submit a written reply then this is his legal right.”
He further said that a question regarding assets has been asked by the PTI chief in the questionnaire.
PTI chief’s counsel, Marwat, said that he has objections over the word relief. The PTI chairman has not gained any relief from the court, he said.
The court asked the counsel that has PTI chief’s counsel Gohar Ali Khan not received the questionnaire. PTI chief’s counsel Ghohar Ali did not raise an objection at the time of receiving the questionnaire, the judge further said, adding that lawyer Gohar Khan received the questionnaire after asking Khawaja Haris. Has the PTI chief requested any relief from the court regarding recording his statement, Marwat asked.
To this, the judge told the PTI’s chief counsel please avoid using the word relief. The PTI chairman came to the rostrum and said “he had been provided the questionnaire yesterday. Your legal team is not fair with you,” the judge told Khan. The PTI chief told the court that he has yet to read the questionnaire.
The judge told Khan that “if Haris wants he can explain all these questions to you.”
“I have no fear and I will record my statement after reading all questions,” the PTI chief said. The court took a break till 3:00pm.
Haris appeared before the court after the break. Haris, while arguing before the court said his client had been arrested illegally and produced him for framing of charges. The court had not read the charge sheet in front of Imran Khan, he said, adding that charges have not been framed against his client. “Would you submit an affidavit that the PTI chief has not been indicted,” the judge asked. “Would you file an affidavit that the charge sheet has been read out in front of your client,” the judge further asked.
Haris further said the charge sheet was read out when he came out of the court. “You have given seven days to decide the case,” he said, adding “he has filed an application to adjourn the hearing till Monday but our plea was rejected.” The Islamabad High Court (IHC) has given seven days but this court decided the matter on third day, he said.
Haris further said he has also filed an application to transfer the case from the court but the court has not adjourned the hearing. “There is an impression that this court is biased,” he said, adding the PTI chief had requested records from the witnesses of the ECP regarding their statement. Seven petitions of the PTI chief are currently pending before the IHC regarding this court, he said.
ECP’s counsel, Amjad Pervez, said that two transfer applications and five appeals are pending before the IHC. All pleas and appeals are aimed to obtain a stay against the sessions court, he said, adding they requested the apex court for granting a one-day stay and the Supreme Court rejected the petition. As per the current situation, the sessions court can continue the trial of the case, he said, adding that the presence of the accused is necessary during every trial.
The ECP’s lawyer, while objecting to adjournment of the hearing, said the PTI chief is only using delaying tactics. The court, after hearing the arguments, adjourned the hearing till today (Tuesday).
Copyright Business Recorder, 2023
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