ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) chairman again approached the apex court against the Islamabad High Court (IHC)’s order that refused to halt the proceeding before the District and Sessions Court, Islamabad in the Toshakhana case.
A single bench of IHC Chief Justice Aamir Farooq on July 27 had directed the court’s office to fix all petitions including challenging the admissibility of the Toshakhana case, transfer of the case to another judge, and challenging the jurisdiction of the trial court, but neither accepted nor rejected Imran Khan’s request to stay trial court’s proceeding in the Toshakhana case.
A two-judge bench of SC comprising Justice Yahya Afridi and Justice Musarrat Hilali, on July 26, while disposing of Imran Khan’s petition against the IHC said: “We are sanguine that the High Court would, in the interest of justice, take up and decide along with CrR No108 of 2023 the two connected criminal revision petitions relating to jurisdiction and the transfer application.”
Despite approaching the IHC twice, Imran could not get relief in the case pertaining to the concealment of details regarding the state gifts.
In his petition before the apex court, the PTI chief has appealed to stay the recording of his statement under Section 342 of CrPC. It contends that the trial, ongoing before District and Sessions Judge Humayun Dilawar, should be halted till the IHC issues its final decision on the matter. A decision on the jurisdiction of the court was necessary before the trial could proceed, the petition added.
The petition was submitted before the top court on behalf of Imran by the PTI chief’s legal team led by Barrister Gohar Ali Khan.
The Registrar’s Office has allotted it number but has not fixed it for hearing. Later, the PTI legal team – Barrister Gohar and Sohaib Shaheen – informed the Chief Justice of Pakistan, Umar Ata Bandial, who was hearing another case, in Courtroom No. 1, about the filing of the petition against the IHC’s decision. Upon that the CJP told them to first file the petition in the office, adding they can also submit the application for an early hearing.
In one of the petitions, Imran challenged a trial court’s July 8 order, declaring as maintainable the Election Commission of Pakistan (ECP)’s complaint seeking criminal proceedings against him for not declaring gifts received from foreign dignitaries that he chose to retain during his term as the PM in his statement of assets.
He also filed a petition requesting the court to stay the trial court’s proceedings. The PTI chief also raised objections to the trial court judge, who, he claims, had made some comments against Imran on Facebook. The PTI chief and his wife also moved the IHC for the transfer of some cases from one trial court to another.
The trial court hearing the gift repository case accepted Imran’s requests for a one-day exemption from appearance as well as adjourning the case till July 31.
Copyright Business Recorder, 2023
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