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Saturday October 19, 2024

PTI moves top court against Toshakhana verdict

Imran Khan has been denied right to fair trial in relation to his conviction in the Toshakhana case, petition reads

By Maryam Nawaz
August 07, 2023
Building of the Supreme Court of Pakistan. — AFP/File
Building of the Supreme Court of Pakistan. — AFP/File

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Monday submitted a petition to the Supreme Court requesting that the court declare "null and void" the verdict of Additional and Sessions Judge (ADSJ) Humayun Dilawar to sentence PTI Chairman Imran Khan for three years in the Toshakhana case.

The petition — filed by Advocate Sama Safdar under Article 184(2) of the Constitution — further argued that the Toshakhana case be reheard as Khan had not been given a fair trial.

"A fundamental right under Article 10A, The Right to a Fair Trial, has been denied to Mr Imran Khan the former Prime Minister of Pakistan in relation to his conviction in the Toshakhana case," the petition read.

Khan was arrested on August 5 after a district and sessions court in the federal capital convicted him for corrupt practices related to the state gift depository — allegations which he denies.

ADSJ Dilawar sentenced Khan to three years in jail, along with a fine of Rs100,000, while issuing an arrest warrant for his immediate arrest.

After his arrest, Khan was moved to Attock jail.

The petition argued that not only was the judgement passed in haste it was also declared in Khan's absence and was "in complete disregard" of the directions of the Islamabad High Court.

"That order of the Honourable Islamabad High Court dated 04.08.2023 distinctly remanded back the issue of maintainability to the learned Additional Sessions judge with the directions to decide it afresh.

"However, undermining this directive, the Learned judge bypassed any fresh decision-making and dismissed the application in violating haste and without objective evaluation of the case, subverting principles of natural justice," the petition read.

Earlier today, the party also approached the IHC petitioning that Khan be moved to Adiala jail and be provided better or A-class facilities, since he was "accustomed to a better mode of life."