- Acting CJP says only two judges available in Islamabad as of now, emphasizes need for at least a three-member bench
ISLAMABAD: The Supreme Court (SC) on Wednesday turned down the request for immediate hearing of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s plea against his disqualification in the Toshakhana case.
Acting Chief Justice Sardar Tariq Masood noted that only two judges were available in Islamabad, emphasizing the need for a three-member bench for the Toshakhana case. Hence, a hearing on the Toshakhana disqualification case would not be feasible this week, the acting CJ added.
There is, however, a good chance that the PTI’s appeal in election level-playing field case might be scheduled for hearing on Thursday (tomorrow).
Both the pleas were brought before Acting Chief Justice Sardar Tariq Masood on Wednesday.
Imran’s counsel Shahbaz Khosa urged the formation of a three-member bench to hear the disqualification case in the Toshakhana matter.
Justice Athar Minallah highlighted that the suspension of the disqualification will not lead to the former premier’s sentence being suspended. “The petition in front of us maintains that since the decision of the case has been suspended, the sentence [awarded to Imran] should also be done away,” he said, adding that such a decision is unprecedented in Pakistan’s legal history.
Khosa referred to the case against Makhdoom Javed Hashmi in which he claimed the veteran politician’s conviction was also suspended along with the decision of the case. Underscoring the three-year disqualification imposed on the PTI’s founder, the lawyer emphasised how judge Humayun Dilaawar – who adjudicated on the Toshakhana case – swiftly conducted five hearings in a single day.
Justice Masood clarified that a two-member bench could only reject the request, asking the petitioner’s counsel if the court should to that? He said a two-member bench will be unable to provide interim relief, as the decision rested with the division bench in the high court.
“What if the case involves crucial points requiring a five-member bench,” Justice Masood pointed out, adding that Chief Justice Qazi Faez Isa will be back in court next week.
The lawyer persisted, suggesting that the court could form a bench without a cause list. In response, Justice Tariq Masood stated, “We can’t form a bench here. Tell us who to call for a hearing?” The judges left the courtroom, concluding proceedings in the chamber.
Earlier, Justice Athar Minallah remarked that there were very serious allegations in the application. Advocate Khosa responded that had the case been filed on time, today’s emergency situation could have been avoided.
Justice Masood stated that only a three-member bench will hear the case, whereas the contempt of court petition related to the plea concerning level-playing field in the upcoming elections could be scheduled for hearing tomorrow.
PTI founder eyes Apex Court
Yesterday, Imran filed a petition in the apex court requesting the annulment of his conviction in the Toshakhana case and challenging the verdict of the trial court.
Imran appealed against the Islamabad High Court’s (IHC) decision, emphasising that challenging this ruling is his prerogative and argued that being declared ineligible before the elections infringes upon his fundamental rights.
The PTI founder raised concerns about the election commission’s swift decision which he contended displayed bias.
Imran requested the apex court to nullify the IHC decision and suspend the sentencing in the Toshakhana case.
Expressing the urgency of the matter, the PTI founder urged the apex court to expedite proceedings, emphasising on the upcoming general elections. He stressed that the leader of the country’s “largest political party” should not be excluded from participating in the electoral process and requested the suspension of the decision in the Toshakhana case to enable his participation.
