The court has now adjourned the case until July 12.
ISLAMABAD: (UrduPoint/Pakistan Point News-July 8th, 2023) A district and sessions court in Islamabad upheld its previous ruling on Saturday, declaring the Toshakhana case against the chairman of Pakistan Tehreek-e-Insaf (PTI), the ruling political party, admissible.
Additional Sessions Judge Humayun Dilawar delivered the verdict after dismissing a plea by PTI lawyer Gohar Khan, who sought an adjournment of the case until Monday. The court has now adjourned the case until July 12.
During today's hearing, the judge expressed dissatisfaction over the absence of Khwaja Harris, the main counsel for the former prime minister, stating that the court had been lenient in this matter.
Mr. Harris was summoned to present arguments after the Islamabad High Court (IHC) referred the case to the trial court, granting seven days to determine the maintainability of the Toshakhana case.
Earlier, Gohar Khan submitted two separate petitions seeking exemption for the PTI chairman's appearance and an adjournment of the case until July 10.
However, the Election Commission of Pakistan (ECP) lawyer, Saad Hassan, opposed the petitions, arguing that the PTI chairman had previously filed multiple exemption pleas.
At one point, the judge remarked that Khawaja Harris had failed to appear before the court for three consecutive days. The judge reserved the decision, which is expected to be announced later today.
On July 4, the IHC nullified the trial court's decision that had rejected the PTI chairman's plea challenging the admissibility of the Toshakhana case.
Chief Justice Aamer Farooq of the IHC announced the verdict after hearing arguments on the petition filed by the former prime minister against the trial court's ruling.
The chief justice referred the matter back to the trial court, instructing it to reconsider the arguments presented by the PTI. The trial court was given seven days to decide on the PTI chairman's plea in the Toshakhana case.
The petition had been filed after the PTI chairman was indicted in the case on May 10. Two days after the high court had halted criminal proceedings in the Toshakhana case.
On May 5, Additional Sessions Judge Humayun Dilawar in Islamabad had announced that charges would be framed against the PTI chairman on May 10 in the Toshakhana case.
During the hearing, the former prime minister's lawyer had argued against the ECP's petition, claiming it was "non-maintainable," and that the sessions court lacked jurisdiction to hear the matter.
However, the judge rejected both requests and summoned the PTI chairman to appear in person for the indictment.
On May 10, Judge Humayun Dilawar indicted the PTI chairman during court proceedings held at the guest house of the Police Lines headquarters at H-11.
For security reasons, the commissioner's office designated the Police Lines as a court venue. When the court indicted him in the Toshakhana case, the PTI chairman refused to sign the documents, denying the commission of any crime.
The Case
Last year, lawmakers from the ruling coalition filed a reference against the PTI chairman, accusing him of not disclosing the details of gifts he retained from Toshakhana in his asset declarations. In October of the same year, the Election Commission of Pakistan (ECP) concluded that the PTI chief had filed false statements regarding the gifts.
Consequently, the electoral watchdog disqualified him for dishonesty and corruption and approached the district and sessions court, seeking criminal proceedings against the PTI chairman for allegedly misleading officials about the gifts.
