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Toshakhana case: IHC turns down Imran Khan’s withdrawal plea

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  • Khan moved IHC against verdict on Oct 2023.
  • IHC’s decision was reserved on Sep 13.
  • ECP disqualified Khan in Toshakhana case.

The Islamabad High Court (IHC) on Wednesday turned down former Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s plea to withdraw his appeal challenging the Election Commission of Pakistan’s (ECP) verdict on his disqualification in the Toshakhana case.

The former prime minister had filed an appeal against the electoral body’s verdict on October 28, 2022, and later sought withdrawal on January 18, 2023.

Khan sought withdrawal of the appeal at the IHC as the matter was pending in the Lahore High Court (LHC).

IHC Chief Justice Aamer Farooq announced the court’s decision which was reserved on September 13 after hearing arguments of all the parties.

On October 21, 2022, the electoral watchdog, in a consensus verdict, had disqualified the former prime minister under Article 63(1)(p) and ruled that the PTI founder was no more a member of the National Assembly. He was disqualified for making “false statements and incorrect declaration”.

The ECP had stated that Khan submitted a false affidavit and was found involved in corrupt practices under Article 63(1)(p). The decision was taken unanimously by the electoral authority’s five-member bench.

The deposed prime minister challenged his disqualification in the IHC, praying to the court to set aside the judgment as he said the ECP had no jurisdiction over the matter.

In the meantime, a separate petition was filed in the LHC against Khan’s disqualification. The petition challenged the ECP’s relevant section under which the ex-PTI chief was disqualified.

Initially, the petitioner did not apprise the IHC about his second plea in the LHC over the same matter. Later, the PTI founder requested the IHC to allow him to withdraw his plea as he reportedly wanted the LHC to proceed with the case.

During proceedings, IHC Chief Justice Aamir Farooq expressed his annoyance over concealing the matter about the second petition in the LHC and remarked: “In principle, the case should proceed in the court where the appeal was filed first.”

Khan’s counsel argued that a larger bench of the LHC was hearing the case.

After hearing the arguments from all sides, the IHC reserved its verdict on September 13, 2023. 

Toshkhana reference

In August 2022, National Assembly Speaker Raja Pervaiz Ashraf sent a reference to the ECP under Articles 62A, 63A, and 223, seeking former prime minister Khan’s disqualification in the light of the Toshakhana scam.

The disqualification reference was filed by Ali Gohar Khan, PML-N’s Mohsin Nawaz Ranjha, and five others.

The 28-page reference identified 52 gift items of Toshakhana received by the former premier Khan, violating the law and rules, taken away at nominal prices and most of the gifts were sold in the market, including some precious watches.

The assessed value of the gifts has been put at Rs142,042,100. The gifts were received between August 2018 and December 2021.

According to Ranjha, Khan concealed information about the gift of watches by Saudi Arabia’s Crown Prince Mohammad bin Salman in his statement of assets submitted in 2018-2019.

This withholding of information is tantamount to lying which, according to Ranjha, is a crime under Section 137.

He said that Khan was no more Sadiq and Ameen and should be slapped with disqualification for life from contesting the election under Article 62(1)(f), Article 2, Article 3 of the Constitution.

Article 62(1)(f) is the same legal instrument that disqualified former PM Nawaz Sharif from contesting elections and led to his removal from power, Ranjha said.

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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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