Politics

Toshakhana case: IHC voids sessions court’s maintainability verdict

Published

12 months ago

Farwa

IHC issues notice against court’s decision to reject list of witnesses.
Asks Federal Investigation Agency to probe judge’s alleged post.
Ruling comes on 8 pleas of PTI chief after arguments by both parties.

ISLAMABAD: The Islamabad High Court (IHC) Friday declared the sessions court’s maintainability verdict in the Toshakhana case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan “void”.

IHC Chief Justice Amir Farooq gave the court’s ruling on eight petitions of the PTI chairman after arguments by both parties — which were completed yesterday while the judgment was reserved.

The court, however, rejected the PTI chairman’s request to transfer the case to another court and said that Additional Sessions Judge Humayun Dilawar would hear the case.

The IHC today also issued a notice against the court’s decision to reject the list of witnesses.

Regarding the district and session judge’s alleged Facebook post, the court directed the Federal Investigation Agency (FIA) to probe into the issue.

On October 21, 2022, the Election Commission of Pakistan maintained that the former prime minister made “false statements and incorrect declarations” about the gifts and disqualified him under Article 63(1)(p) of the Constitution.

Subsequently, the election watchdog moved the sessions court to the federal capital. It sought criminal proceedings against the PTI chief for allegedly misleading the ECP regarding gifts received from foreign dignitaries while he was in office.

The PTI chairman was indicted in the case on May 10, while his petition to declare the case inadmissible was rejected by the court.

On July 4, the IHC overturned the same ruling and directed the sessions court to hear the petitioner and decide the matter within seven days.

On July 8, ADSJ Humayun Dilawar declared the Toshakhana case against Khan as maintainable, which was again challenged in the IHC.

Meanwhile, the trial continued at the court and was about to conclude soon.

During the proceedings, Khan’s lawyers also accused the presiding judge of bias on the basis of his Facebook posts and sought the transfer of the case.

On August 2, the trial court also rejected the PTI chairman’s witnesses, stating that he failed to prove their “relevance” in the criminal proceedings against him. It was also challenged in the high court.

Explanation for rehearing

Citing the repeated adjournments sought by Khan during the duration of the trial, the bench ruled that there was while the case should be reheard, there was no need for the case to be transferred to a different court.

“The order […] shows that a number of opportunities were provided to the petitioner to address arguments but adjournments were sought, hence the matter was decided in the absence of learned counsel for the petitioner.”

“…so the learned counsel for the petitioner is correct in saying that he has been condemned unheard and it would be only appropriate to remand the matter back to the Trial Court for decision afresh,” the order mentioned.

The order mentioned that it is not essential that the matter be sent to a different judge, emphasising that remitting the matter to a different jurist can be regarded as a matter of propriety and not a principle of law.

“However, in the instant case even remanding the matter to a different court is not mandated.”

Petition dismissed by SC

The Supreme Court had earlier in the day dismissed the ex-prime minister’s petition against trial proceedings pertaining to the Toshakhana case following his withdrawal of the said plea.

The three-member bench hearing the case, led by Justice Yahya Afridi and comprising Justice Hasan Azhar Rizvi and Justice Musarat Hilali, heard Khan’s petition against the Toshakhana case.

“The trial court cannot decide on the Toshakhana case until the final decision of the High Court,” the bench ruled.

Earlier this week, the apex court had turned away Khan, asking him to await a verdict from the IHC.

“We believe that the high court can issue a better order than us. It is possible that it will give the order to stop the trial tomorrow,” he had said on Wednesday.

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 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.

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.

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

14 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.