- PTI chief’s counsel says: ‘deeply upset by the murder of the law’
- Court adjourns hearing of case till July 12
ISLAMABAD: A district and sessions court on Saturday upheld its previous decision by declaring the Toshakhana case against the Pakistan Tehreek-e-Insaf (PTI) chairman admissible.
Additional District and Sessions Judge Humayun Dilawar announced the verdict reserved earlier in the day after rejecting a plea filed by PTI lawyer Gohar Khan, seeking adjournment of the case till Monday. The case has been adjourned till July 12.
During today’s hearing, the judge expressed resentment over non-appearance of Khwaja Harris, the main counsel for the former prime minister, saying the court showed exemplary leniency in this case.
He said Mr Harris had been summoned to submit arguments after the Islamabad High Court (IHC) referred the case to the trial court and gave seven days to decide on maintainability of the Toshakhana case.
Earlier, Gohar Khan submitted two petitions seeking exemption from appearance for the PTI chief and adjournment of case till July 10.
However, the petitions were opposed by Election Commission of Pakistan (ECP) lawyer Saad Hassan, saying the PTI chief had filed exemption pleas multiple times.
At one point, the judge remarked that Khawaja Harris did not appear before the court even once in the last three days. He later reserved the decision which was announced later.
On July 4, the IHC nullified the decision of the trial court that had turned down the Pakistan Tehreek-e-Insaf (PTI) chairman’s plea challenging the admissibility of the Toshakhana case.
IHC Chief Justice Aamer Farooq announced the verdict reserved on June 23 after hearing arguments on the petition of the former prime minister against the trial court’s ruling. The chief justice sent the matter back to the trial court, ordering it to again hear the arguments of the PTI. He gave the trial court seven days to decide the PTI chairman’s plea in the Toshakhana case.
The petition had been filed after the PTI chief was indicted in the case on May 10 – two days after the high court had stopped criminal proceedings in the Toshakhana case.
On May 5, Islamabad’s Additional Sessions Judge Humayun Dilawar had announced that charges would be framed against the PTI chairman on May 10 in the Toshakhana case.
During the hearing, the former PM’s lawyer had argued on two pleas stating that the ECP’s petition was “non-maintainable” and that the sessions court did not have the jurisdiction to hear the matter.
However, the judge rejected both the requests and summoned the PTI chief in person for the indictment.
On May 10, Judge Humayun Dilawar indicted him during court proceedings that were held at the guest house of the Police Lines headquarters at H-11.
For security reasons, the commissioner’s office had given the status of court to the Police Lines. When the court indicted him in the Toshakhana case, he refused to sign the documents while denying the committing of crime.
‘Deeply upset’ by verdict, Barrister Gohar says
Talking to the media after the hearing, PTI chief’s counsel Barrister Gohar said he was “deeply upset by this kind of verdict”, adding that “the law had been murdered”.
He recalled the proceedings and asserted that it was his right to be heard by the court.
“You did not give us the right to be heard, then [at least] we deserve the right of rebuttal.”
Gohar went on to say that it would be a violation of the IHC orders if the session court made decisions without listening to their side.
The lawyer added that they would approach “higher forums” to challenge the verdict.
Toshakhana case
The case, filed by ruling party lawmakers, is based on a criminal complaint filed by the Election Commission of Pakistan (ECP).
The case alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.
Imran has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.
On Oct 21, 2022, the ECP concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.
The Toshakhana is a department under the Cabinet Division that stores gifts given to rulers and government officials by heads of other governments and foreign dignitaries. According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.
The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.
Subsequently, the ECP had approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.
