CJP Bandial observes that there are certain deficiencies in the trial court's verdict.
ISLAMABAD: (UrduPoint/Pakistan Point News-August 23rd, 2023) Chief Justice of Pakistan (CJP) Umar Ata Bandial observed on Wednesday that the Supreme Court would await the Islamabad High Court’s (IHC) order regarding the appeal of the PTI chairman against his conviction and sentence in the Toshakhana case before taking any action.
The PTI chairman lodged an appeal with the Supreme Court challenging the verdict of the Islamabad High Court (IHC) in the Toshakhana case.
The former prime minister, through his legal team, submitted an application to the apex court, urging it to declare the Toshakhana case against him as non-maintainable.
A three-member bench of the Supreme Court, consisting of CJP Bandial, Justice Mazahar Ali Akbar Naqvi, and Justice Jamal Khan Mandokhail, heard the petition filed by the former prime minister, who contested the IHC’s decision to refer the Toshakhana case back to Additional Sessions Judge (ASJ) Humayun Dilawar, who had convicted the PTI chairman.
During the hearing, Imran Khan's lawyer, Latif Khosa, mentioned that his client had submitted three petitions against the IHC's rulings to the apex court. Khosa recalled that Imran had been elected as a National Assembly member from Mianwali in the 2018 elections and highlighted the requirement for NA members to disclose their asset details as per the Election Act. He added that several MNAs had sought the PTI chief's disqualification by submitting a reference to the speaker.
Khosa argued that his client was denied the opportunity to present witnesses in the trial court. In response, the lawyer representing the Election Commission of Pakistan (ECP), Amjad Pervez, contended that the witnesses the PTI chairman intended to present were not relevant.
Pervez also mentioned that during the trial court proceedings, the accused had missed several hearings. He noted that on the day of the PTI chairman's conviction, no one from his side appeared in court.
After hearing arguments from both sides, the Chief Justice observed that there appeared to be certain deficiencies in the trial court's verdict. He indicated that the Supreme Court would not intervene in the Toshakhana case on that day and would review the IHC's proceedings before resuming the case.
The hearing was subsequently adjourned until the following day at 2 pm.
On August 5, a trial court in Islamabad found the PTI chief guilty of "corrupt practices" related to concealing details of state gifts. This resulted in a three-year prison sentence and a five-year disqualification from contesting general elections. The Toshakhana case has been a focal point in national politics since the Election Commission of Pakistan disqualified the PTI chief based on allegations of "false statements and incorrect declaration."
The reference against Imran Khan, alleging that he failed to disclose the gifts retained from the Toshakhana during his time as prime minister, was filed by lawmakers from the ruling coalition last year.
The judgement further stated that the former premier had engaged in corrupt practices under sections 167 and 173 of the constitution, leading to the initiation of criminal proceedings against him for filing a false statement.
