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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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Bushra Bibi maintains bail as the IHC concludes the FIA’s petition.

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The Islamabad High Court (IHC) conducted a hearing about the Federal Investigation Agency’s (FIA) plea for the revocation of Bushra Bibi’s bail.

The court, led by Justice Miangul Hassan Aurangzeb, rejected the FIA’s petition during the hearing.

Judicial Proceedings

Justice Miangul Hassan Aurangzeb sought information regarding Bushra Bibi’s location, to which her attorney, Barrister Salman Safdar, affirmed her attendance in court.

The judge urged the counsel to regard the matters with gravity, underscoring the necessity of adherence to trial protocols.

The court sought details about instances where Bushra Bibi had been exempted from attending trial hearings and clarified that if the High Court grants bail and the accused fails to appear, the trial court holds the authority to cancel the bail.

Justice Aurangzeb assured that such actions would not amount to contempt of the High Court’s order.

Based on these considerations, the court closed the proceedings and dismissed the FIA’s plea.

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The Supreme Court has granted the appeal of the PTI founder for a judicial probe into the events of May 9.

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The Supreme Court has officially accepted the plea submitted by the PTI chairman for a judicial probe into the events of May 9 for a comprehensive hearing.

The constitutional bench of the Supreme Court annulled the registrar’s office’s objections to the petition and instructed the office to allocate a case number and arrange the hearing.

The PTI chairman was represented by prominent attorney Hamid Khan, who appeared in court to argue for the petition’s admission.

The Lahore Anti-Terrorism Court (ATC) already convicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in connection with the incidents on May 9 and denied his bail on eight distinct counts.

The court’s finding was delivered in a six-page written order by ATC Judge Manzar Ali Gul.

The written ruling emphasized substantial evidence against the PTI founder, comprising audio and visual recordings of his directives to incite violence.

The court observed that witnesses had provided testimony on the conspiracy planned by Imran Khan at Zaman Park, where he purportedly strategized for his possible arrest by intending to disrupt state functions via his supporters.

Imran Khan’s legal counsel contended that he was in custody at the time of the incidents, proposing that bail be granted in accordance with precedents where bail was awarded in like circumstances following detention.

Nevertheless, the court rejected this argument, underscoring that the case’s nature was not a trifling issue of conspiracy or incitement.

The prosecution established that Mr. Khan had explicitly incited assaults on military and governmental facilities and had galvanized both his commanders and supporters to adhere to his directives.

The decision additionally cited the Lahore High Court’s finding regarding a prior release granted to Ijaz Chaudhry, highlighting Imran Khan’s involvement in the conspiracy. The court dismissed the defense’s challenge over the prosecution’s lack of specificity concerning the date, time, or location of the purported conspiracy, affirming that the scheme was allegedly devised on May 7 and May 9 at Zaman Park.

The prosecution asserts that undercover police officers, masquerading as PTI supporters, intercepted discussions outlining the scheme.

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188 cases nationwide have been filed against the PTI founder.

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This increase, according to details, followed the submission of a report to the Islamabad High Court in response to a petition brought by Norin, the sister of the PTI founder.

Punjab has the most cases against Imran Khan (99), according to the Ministry of Interior’s report that breaks down the cases by area.

There are 76 cases in Islamabad, according to the Islamabad Police data, compared to two in Khyber Pakhtunkhwa.

In addition, the National Accountability Bureau (NAB) is investigating three instances, while the Federal Investigation Agency (FIA) is still investigating seven cases.

Cases against Imran Khan also concern the protests in October, November, and December. In addition, there is an ongoing appeal in the Toshakhana criminal case against his sentencing.

Yesterday, Pakistan Tehreek-e-Insaf (PTI) founder along with 60 other PTI leaders were indicted in the GHQ attack case.

Imran Khan and sixty other party leaders were charged in the GHQ attack case by Judge Amjad Ali Shah of the anti-terrorism court.

Imran Khan, who is presently detained at Adiala Jail, was released on bail in the Toshakhana case but was arrested again by the police in the New Town PS case.

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