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IHC declares session court’s verdict on Toshakhana case ‘null and void’

Published

1 year ago

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  • PTI chief had asked judge to recuse himself from case yesterday.
  • Session court had indicted PTI chairman on May 10.
  • PTI lawyer says this is victory for party chief.

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday annulled the decision of the trial court which had rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition seeking to have the Toshkhana case declared inadmissible.

Chief Justice Amir Farooq of the IHC pronounced the verdict on the PTI chief’s petition, which was reserved on June 23.

Announcing the short order, the judge returned the matter to the trial court, ordering that the PTI’s counsel arguments be heard again and reconsidered.

“The trial court should decide on the PTI chairman’s plea in the Toshakhana case in 7 days,” the IHC ruled.

Khan was indicted in the Toshakhana case on May 10 by Additional Sessions Judge Humayun Dilawar, who rejected objections about the admissibility of the case.

The PTI chief then approached the IHC, which had stayed criminal proceedings on the case till June 8.

Following the resumption of the hearing in June, Justice Aamer on June 23 reserved his verdict on the petition, saying that he would look into the matter after Eid ul Adha.

In his petition, the PTI chair objected to filing a complaint after a specified period.

His lawyer, Khawaja Haris, maintained that a complaint could only be filed within four months of submitting the return.

In a written order issued by the court, the judge wrote that the trial court’s decision had left important legal issues unresolved.

It would be appropriate for the trial court to decide on the application after hearing the arguments again, the judge added in his order.

The order further maintained that it was evident from the parties’ arguments that the court gave its decision without going into details.

It is important to know the answers to 8 different questions, including the jurisdiction of the case, the IHC top judge wrote, adding that

the petition was rejected with little reasoning, and important legal questions and issues were left unresolved.

However, a day earlier, the PTI chief submitted a petition to the court, seeking Justice Aamer’s recusal from the case.

In the petition, the former prime minister — who was removed from power via a no-confidence motion in April last year — sought the transfer of the two Toshakhana cases to another bench in the interest of a “fair and impartial” trial.

The petition has also named the district election commission as the respondent.

During a talk with media personnel outside the IHC, the PTI chief’s lawyer, Gohar Khan, termed the verdict a “victory”.

“An appeal was filed against the decision of the session judge in the Toshakhana case,” he said, adding that the wrong person filed the complaint.

“We were trying in courts for a year. Today, PTI has won,” he said.

What is the Toshakhana case?

Under the rules governing “Toshakhana” — a Persian word meaning “treasure house” — government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.

The Toshakhana has been under a microscope ever since the emergence of the allegations that the PTI chief purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.

The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).

The gifts included watches given by a royal family, according to government officials, who previously alleged that Khan’s aides sold them in Dubai.

The gifts included seven wristwatches, six made by watchmaker Rolex, and the most expensive, a “Master Graff limited edition” valued at 85 million Pakistani rupees ($385,000).

The election commission’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.

Following the order, the election watchdog moved the Islamabad sessions court and sought criminal proceedings against him — and the PTI chief has missed several hearings.

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Reaction to the PTI protest call by Fazlur Rehman

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3 days ago

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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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4 days ago

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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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5 days ago

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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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