The PTI chairman's appeal argues that the Chief Justice of the IHC, Aamer Farooq, misunderstood the counsel's submission and remanded the case to a trial judge other than ASJ Humayun Dilawar, without allowing separate arguments on merits.
ISLAMABAD: (UrduPoint/Pakistan Point News-August 23rd, 2023) A Supreme Court bench is currently hearing the challenge put forth by PTI Chairman Imran Khan against the Islamabad High Court's order from August 3.
The bench, led by Chief Justice of Pakistan Umar Ata Bandial, includes Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhel.
The order given by the IHC remanded the Toshakhana case to Additional Sessions Judge Humayun Dilawar, who had sentenced the former prime minister to three years in jail.
Imran Khan's appeal, presented by Advocate Khawaja Haris Ahmed, asked the top court to halt the proceedings in the trial court overseeing the Toshakhana case.
The appeal argued that the Chief Justice of the IHC, Aamer Farooq, misunderstood the counsel's submission and remanded the case to a trial judge other than ASJ Humayun Dilawar, without allowing separate arguments on merits.
Furthermore, the appeal highlighted the errors made by the high court in remanding the case and challenging the jurisdiction of ASJ to proceed with the complaint.
The appeal also alleged bias and improper handling of the case, prompting the request for its transfer.
The Supreme Court is also scheduled to hear two additional petitions related to transferring cases against Imran Khan and summoning witnesses.
In the meantime, Imran Khan filed a fresh petition seeking the transfer of all his cases from the IHC to high courts in Lahore or Peshawar. He claimed bias against the IHC Chief Justice and an attempt to hinder his participation in upcoming general elections.
During the hearing, Imran's lawyer Latif Khosa detailed that the PTI chief had filed three petitions against IHC orders.
He mentioned that Imran was elected as a National Assembly member from Mianwali in 2018 and emphasized the submission of asset details required by the Election Act.
Justice Naqvi inquired about the relevant section, which pertains to asset and liability declarations.
Khosa continued, stating that the ECP could only conduct an inquiry within 120 days and clarified the limitations on members' ability to send references.
Moving to the Toshakhana case, it's based on a complaint by the ECP, alleging that Imran concealed gifts received during his prime ministerial tenure.
The ECP had previously disqualified Imran under Article 63(1)(p) of the Constitution due to false statements about the gifts.
Subsequently, the ECP sought criminal proceedings against Imran for misleading officials about the gifts. The case's proceedings have seen various developments and rulings.
On August 9, Judge Dilawar ruled that the reference was maintainable, reigniting proceedings and summoning witnesses for testimony.
The IHC later requested re-examination of jurisdiction and procedure, but the trial court convicted Imran Khan a day later.
