ISLAMABAD: The Additional District and Sessions Judge, officiating proceedings in Toshakhana case, on Wednesday expressed displeasure at PTI Chairman Imran Khan’s frequent absence from the hearing, observing the accused had only appeared in the court once during the seven-month-long trial.
Additional District and Sessions Judge (ADSJ) Humayun Dilawar made the observation while resuming hearing of the reference on Monday a week after the court ruled that the Toshakhana case filed by the Election Commission of Pakistan (ECP) against the PTI chairman was maintainable.
Imran had challenged the session court’s decision in the Islamabad High Court Tuesday, arguing that the ECP did not follow the prescribed procedure in filing the complaint and requested the IHC to set aside the session court’s decision.
As the hearing commenced, Imran’s counsel Niazullah Niazi informed the court that his client had already challenged the session court’s July 8 verdict in the Islamabad High Court, and hearing for the plea was scheduled for today (Wednesday).
As the hearing commenced on Wednesday, the judge asked: “Where is the accused.”
In response, the counsel stated that he intended to file a plea for his client’s exemption from appearing in court and requested a two-day adjournment of the hearing.
The judge then said: “As a criminal case lawyer, have you ever seen a situation where a case has been ongoing for over seven months and the accused has only appeared in court once?”
ADSJ Dilawar instructed Imran’s legal team to provide a copy of the IHC verdict, and adjourned the hearing till 12:30pm.
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 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.
