Conviction in Toshakhana case: IHC issues notices to respondent in IK’s appeal

ISLAMABAD: The Islamabad High Court (IHC), Wednesday, issued notices to the respondent in an appeal of Imran Khan, chairman Pakistan Tehreek-e-Insaf (PTI) against his conviction in Toshakhana criminal case.

A division bench comprising Chief Justice Aamer Farooq and Justice Tariq Mahmood Jahangiri heard the petition moved by Imran Khan through advocates Barrister Ali Zafar, Sardar Latif Khosa, Babar Awan, Salman Akram Raja, Shoaib Shaheen and Barrister Gohar Ali Khan and cited District Election Commissioner as respondent.

In this matter, the IHC bench also sought the case record from the trial court and said that it would first, hear the stance of the Election Commission of Pakistan (ECP) against the appeal.

During the hearing, Sardar Latif Khosa contended that the trial court did not fulfil the requirement of a “fair trial” in the case by referring to different articles of the constitution.

He said the trial court had awarded the maximum sentence to the former prime minister as per the charges in the case and the trial court had announced the verdict despite Imran’s appeal against termination his right of defence was pending before the high court. He said the sessions court should have waited for the verdict of the high court before announcing its verdict.

Khosa maintained that the trial court had announced the verdict in haste and awarded three years jail term along with Rs100,000 fine to his client. He prayed the court to suspend the sentence of his client as it was considered a short-term sentence.

However, the IHC chief justice refused to suspend the sentence and remarked that first, the bench would hear the stance of the ECP and then would decide the matter. The counsel requested the court to fix the case on Thursday (today) for further hearing, which the court did not accept.

Khawaja Haris, another Imran’s counsel, argued that the IHC had ordered the trial court to decide the matter related to the maintainability of the case on a daily basis but the trial court announced its verdict on the third day without hearing the defence counsel. Khawaja Haris said he had reached the trial court before the announcement of the verdict but it refused to hear him.

Justice Aamer remarked that the court had served notices in the appeal and then he would also view these points. He remarked that hearing on this appeal was not possible on Thursday (today) as he would be on leave.

He observed that the case would not be prolonged till after the vacations as the appeal related to the sentences and bails are being fixed early. After this, the court adjourned further hearing of the case.

In his petition, Imran stated that he is aggrieved and dissatisfied with the order of August 5 passed by the Additional Sessions Judge, Islamabad (West), whereby, he was convicted under Article 174 of the Election Act, 2017 to three years in jail and Rs100,000 fine or in default thereof to six months in jail. He added that the said impugned order is not sustainable and is liable to be set aside.

Copyright Business Recorder, 2023