Politics

PTI challenges ‘illegal’ Toshakhana verdict in IHC

Published

12 months ago

Farwa

This is the second petition party has submitted in IHC.
Impugned judgement is “totally misdirected”: petition.
Verdict based on “hyper-technical” grounds, “misreading”.

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Tuesday filed an appeal in the Islamabad High Court (IHC) challenging the trial court’s verdict and sentence against party chief Imran Khan, requesting that the court declare the judgement “illegal”.

“It is most respectfully prayed that the Hon’ble Court may graciously be pleased to set aside the impugned judgement dated 05.08.2023, and declare the conviction, sentence imposed upon the Appellant to be illegal and without lawful authority and to acquit the Appellant of the charges framed against him,” the petition read.

A two-member IHC bench led by IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri will conduct the hearing on the petition tomorrow.

Khan was sentenced to three years in prison and a fine of Rs100,000 by Additional District and Sessions Judge (ADSJ) Humayun Dilawar on August 5, 2023, after the judge found Khan guilty of graft in the Toshakhana case — a move likely to bar him from standing in elections due later this year.

Following the arrest of the PTI chief, this is the third petition the party has filed — one of which was filed in the Supreme Court.

While the previous petition in the IHC sought to have Khan transferred to Adiala Jail from Attock Jail, where he is currently incarcerated, this 22-page long petition seeks the denunciation and overturning of the conviction altogether on a number of grounds.

One of the reasons cited in the petition for the request is that the impugned judgement is “totally misdirected”, failing to consider that for purposes of proving a criminal charge the actus reus and the men reus is is the responsibility of the prosecution, not the defendant.

“The prosecution has miserably failed to discharge its onus against the appellant and, as such, the impugned judgement is unwarranted by law,” the petition added.

Moreover, the petition contended that ADSJ Dilawar’s verdict had been based on “hyper-technical” grounds and “misreading”.

“The learned trial judge has returned a finding of guilt against the accused on hyper-technical grounds, and that too by misreading and misconceiving the law, and not on the basis of any tangible evidence in support of the charge framed against the accused, which evidence, nonetheless, is utterly lacking in the instant case.”

The petition also alleged that the judge had not given due consideration to a number of pertinent matters, including the fact that Khan’s accountant has mentioned the cost at which these assets were acquired in the “relevant column of Form-B”, under “Precious Items” as per his expertise.

“As a matter of fact all that the learned judge has to say regarding the defence of the appellant is to make a cursory almost derisive reference to it,” the complaint added.

The petition also alleged that the trial was not fair and the verdict — “tainted with bias and a “nullity in the eye of the law” — pre-decided in that it “seemingly took him [the judge] just 30 minutes to dictate more than 35 pages which constitute the impugned judgement”.

“The impugned judgement having been written even before hearing the appellant’s counsel in support of the defence is a nullity in the eye of the law and liable to be set aside as such,” the petition contended.

What is 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 Khan 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 have alleged previously that Khan’s aides sold them in Dubai.

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

A reference was forwarded by National Assembly Speaker Raja Pervez Ashraf to the Election Commission asking it to probe the matter.

In October 2022, the electoral body declared the former premier guilty of corrupt practices and filed a complaint in an Islamabad court.

Khan was convicted and sentenced to three years in jail, along with a fine amounting to Rs100,000 on August 5.

Latest News

Containers were used to seal the Red Zone before JI’s sit-in at D-Chowk.

Published

13 hours ago

Farwa

Authorities in Islamabad have blocked off the Red Zone by erecting containers in front of today’s (Friday) Pakistan Tehreek-e-Insaf (PTI) demonstration and the Jamaat-i-Islami sit-in at D-Chowk in Islamabad.

Jamaat-i-Islami is scheduled to stage a sit-in at Islamabad’s D-Chowk, and the Pakistan Tehreek-e-Insaf (PTI) has declared a nationwide protest against the country’s soaring inflation and recent spike in electricity rates.

Containers have been used to block access to the Red Zone’s main crossroads, D Chowk, Nadra Chowk, and Sarina Chowk.

ISLAMABAD, PUNJAB SECTION 144

In the meantime, in response to PTI and JI plans for statewide rallies, the federal and Punjabi governments enforced Section 144 in Islamabad and Punjab. Section 144 will be in force from Friday, July 26 to Sunday, July 28, per the notification that was released in this regard.

Rallies, sit-ins, protests, and rallies are prohibited from July 26 to July 28, according to a letter from the Home Department. It said that terrorists may find public gatherings to be an easy target and stated that the decision had been made with the threat of terrorism in mind.

In contrast, JI Secretary General Ameerul Azeem claimed in a statement that police had raided the residences of JI officials across the nation.

In an attempt to break up the protest, he said, police had targeted JI leaders and activists. He also alleged that multiple instances of police raids, arrests, and harassment of women had occurred in various towns.

GOVT ADVISED

The government was forewarned by Jamaat Emir Hafiz Naeemur Rehman earlier on Thursday that it would face consequences if the party was barred from accessing Islamabad for their scheduled demonstration against inflation and an increase in electricity prices.

He stated in a statement that their belief is in peaceful political protest as a means of securing public rights. “We are not afraid of arrests, and the Jamaat-e-Islami cannot be stopped,” he added.

“The historic sit-in on Friday, July 26, will represent 250 million people of Pakistan, and we will sit peacefully at D-Chowk.”

According to the JI, convoys are in route from all around the nation to participate in the sit-in. He encouraged the administration to offer a location for the protest, highlighting that it is their constitutional and democratic right to speak up for the country.

“Any political party that wishes to participate” was invited, and he welcomed them all.

Prior to the sit-in, police raided the residences of JI leaders and officials in many parts of Punjab and Rawalpindi, making multiple arrests.

Ameerul Azim, the central secretary general of Jamaat-e-Islami, was not able to be arrested during the police raid; instead, Shaukat Mahmood, his driver, was taken into custody.

Latest News

The Socioeconomic Registry of Punjab. Real data gathering is essential to effective governance. Maryam

Published

13 hours ago

Farwa

Maryam Nawaz Sharif, the chief minister of Punjab, announced that the province will introduce the “Apna Ghar Scheme,” adding that accurate data collecting is necessary in order to provide social security to the impoverished.

At the Punjab Socio-Economic Registry’s opening event in Lahore, the Maryam announced that the province’s government has started the “Roshan Gharana” project, which aims to provide 4.5 million individuals with solar panels on manageable installment plans.

Maryam Nawaz, who emphasized the necessity of centralized data, stated that data has become increasingly important in recent years since it makes basic amenities more accessible and aids in the classification of the poor.

She stated that several initiatives are being taken by the Punjabi government to assist those with disabilities.

The Punjab government, led by Chief Minister Maryam Nawaz Sharif, is dedicated to providing relief to the poor, according to Senior Provincial Minister Punjab Marriyum Aurangzeb, who spoke on the occasion.

The government, she noted, is concentrating on health and education services.

Latest News

The ECP asks the SC to clarify the ruling in the PTI reserved seat case.

Published

2 days ago

Farwa

Seeking clarity on a court ruling concerning the allotment of particular seats to the Pakistan Tehreek-e-Insaf (PTI) party, the Election Commission of Pakistan (ECP) moved the Supreme Court on Monday.

ECP members reportedly agreed unanimously on the SC’s decision to consult the SC.

Particularly cited under Paragraph 10 of the Supreme Court ruling, the ECP has called attention to vagueness in the ruling. In order to determine which body is in charge of party certificate issuance, the ECP is asking the Supreme Court for advice.

Concerning the validity of PTI’s party structure, the ECP pointed out that the organisation hasn’t held internal elections.

In the lack of distinct party organisation and intra-party elections, there is ambiguity over which certifications hold recognition.

Position of ECP

The absence of intra-party elections, according to ECP sources, prevents Tehreek-e-Insaaf from operating as a legitimate organisation.

A plea for clarification on party certificate authority and recognition has been made to the Supreme Court by the ECP.

Resolving the existing ambiguity and guaranteeing proper electoral processes will depend on the Supreme Court’s clarity on these issues.

Continue reading: ECP orders implementation of SC ruling regarding PTI reserved seats

Previous to this, the Pakistan Tehreek-e-Insaf (PTI) reserved seat verdict will be implemented, according to a Friday announcement made by the Election Commission of Pakistan (ECP) of Pakistan.

On Friday, a meeting of ECP members was chaired by Chief Election Commissioner Sikandar Sultan Raja.

If the SC ruling is being carried out with any judicial decision becoming a roadblock, ECP has resolved to seek guidance from the judges in the room.

“The Supreme Court will be consulted for additional guidance in the event of any obstacles,” the ECP statement stated.

ECP declines resignation demand and political party criticism.

The chief election commissioner and members have been the target of persistent attack from a political party, which the highest electoral authority has sharply denounced. No political name was mentioned by the ECP.

The ECP called the demand for resignation from the party “absurd” and rejected the political party’s unjustified criticism, which had been made continuously.

Regardless of the pressure, the statement said, ECP would keep up its adherence to the law and the Constitution.