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Indictment deferred after Imran Khan skips Toshakhana case hearing

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  • PTI chief’s lawyer files exemption plea on health grounds.
  • ECP directed to provide attested copies of evidence, complaint.
  • Lawyers of PTI and ECP engage in verbal duel.

ISLAMABAD: A sessions court in the federal capital Tuesday deferred the indictment of former prime minister Imran Khan in the Toshakhana case after the Pakistan Tehreek-e-Insaf (PTI) chief skipped today’s hearing citing health reasons.

Additional Sessions Judge Zafar Iqbal pronounced the verdict reserved earlier in the day after the PTI chief filed a fresh petition seeking exemption from personal appearance.

Accepting the plea, the judge directed the legal team of the Election Commission of Pakistan (ECP) to provide attested copies of the evidence and complaint. A new date for the framing of charges will be announced later.

The reference was filed by the ECP in November last year, praying the court to proceed against the PTI chief under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as prime minister.

The ECP had requested that the PTI chief be convicted for the offences mentioned under sections 167 (corrupt practice) and 173 (making or publishing a false statement or declaration) of the Elections Act 2017.

It added that as per the record, the state gifts were purchased from the Toshakhana for Rs21.5 million on the basis of their assessed value, while they were valued at around Rs108 million.

On January 31, the judge had directed the PTI chairman to submit surety bonds of Rs20,000 to ensure his appearance today for indictment in the case.

Today’s hearing

At the outset of today’s hearing, the PTI’s legal team filed a petition on behalf of Imran Khan seeking exemption from personal appearance citing health reasons.

The PTI chairman is recuperating from wounds he sustained in a gun attack on November 3 during a rally.

The judge asked the PTI lawyer about the surety bonds. To this, he informed the court that they had submitted the bonds a day earlier.

“How can we frame charges if exemption pleas are filed again and again?” the judge asked.

Imran Khan’s lawyer, Barrister Ali Zafar, argued that they had not been provided attested copies of the evidence and complaint.

At this, ECP’s lawyer said that they had provided the said documents in front of the court. However, the judge directed the lawyer to ensure that all the required material is provided to the defence.

During the proceedings, the ECP lawyer asked, “Why did Imran Khan not appear before the court?”

“We have seen him dancing on the container.”

At this, Zafar warned the ECP representative from making such statements.

He also requested the court to fix any date after February 15 for an appearance.

“Give us a date when Imran Khan will appear” the judge inquired.

“He will come if he is able to,” the counsel responded.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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