SC dismisses Imran’s plea for stay on Toshakhana case trial

ISLAMABAD: The Supreme Court on Wednesday rejected the plea of former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan seeking stay on the ongoing trial court’s proceedings against him in Toshakhana reference and asked the petitioner to wait for the high court’s order. A three-member bench of the apex court headed by Justice Yahya Afridi and comprising Justice Mazahar Ali Akbar Naqvi and Justice Musarat Hilali heard the Imran Khan’s plea seeking for leave to appeal under Article 185(3) of the Constitution against the Islamabad High Court (IHC) order dated 27-07-2023.

The PTI chairman the other day approached the apex court for suspending the trial court proceeding against him in Toshakhana reference till the decisions of his pending pleas, including the question of jurisdiction, before the IHC.

He had submitted before the apex court that it was prayed to the IHC that the proceedings before the trial court may be stayed till the question of jurisdiction is decided by it. However, the high court has not even been noted in the said order, and, consequently, no stay of the proceedings of the trial court was granted by the IHC chief justice.

In his petition before the Supreme Court, Imran had appealed for a stay against the recording of his statement under Section 342.

He had prayed the apex court stop the ongoing trial before District and Sessions Judge Islamabad Humayun Dilawar till the IHC issues its final decision on his pending applications.

However, on Wednesday, the apex court rejected the plea and issued notice to Election Commission of Pakistan (ECP) for August 4.

During the hearing, Justice Yahya Afridi told Imran’s counsel Khawaja Haris that the court had directed the IHC to collectively hear the pending petitions of the petitioners.

“But we are surprised you again approached the apex court,” Justice Afridi told the counsel and further asked as to when the high court is hearing their petitions.

Khawaja Haris replied that the high court will hear their petitions on Thursday (today) but added that the basic question is of jurisdiction. The counsel further submitted that the high court did not grant stay over the trial court proceedings that’s why they approached the Supreme Court.

Justice Afrdi told the counsel that although his application was infructuous but they heard it and issued direction to the high court to hear your petitions collectively.

“Maybe the relief you are seeking, the learned high court may grant while deciding your instant petitions,” Justice Afridi told the PTI counsel.

“Let the high court decide the case first and it may grant you stay on the trial court proceedings,” the judge further told the PTI chairman’s counsel.

Justice Afridi remarked that the high court has a supervisory jurisdiction over trial courts hence they cannot at this stage intervene in the trial court’s proceedings; therefore, “let the high court decide your case first”.

“Instead of taking order from this court it would be appropriate to wait for the high court’s order,” he told the counsel.

Khawaja Haris however, contended that the trial court had ordered that witnesses be produced and upon failure, the trial court judge had said that their right of defence will be lost.

He further submitted that although the high court had issued notices on their four petitions but did not stay the trial court’s proceedings.

Justice Afridi, however, asked the counsel to think over about the case further.

Meanwhile, the court declined to grant stay on the trial court proceedings, issued notice to Election Commission of Pakistan for August 4, and adjourned the hearing.

Separately, also on Wednesday, Additional District and Sessions Judge, Islamabad, Humayun Dilawar rejected a list of four private witnesses provided by lawyers of PTI Chairman in the Toshakhana criminal proceedings case.

ECP counsel Saad Hassan and Imran Khan’s lawyers Khalid Yousuf Chaudhry, Barrister Ali Gohar and Mirza Asim Baig appeared in the court.

The court summoned lawyers of both parties for final arguments at 11:00am on Thursday (today). The court made it clear that if final arguments were not given, the verdict would be reserved.

Barrister Ali Gohar asked for time till Friday as the witnesses were not in Islamabad at the moment.

The judge said, “You had been directed to present your witnesses today in the court along with the list.”

However, PTI chief’s counsel filed a plea for exemption from attendance of Imran Khan in the court which was accepted.

Earlier, the ECP lawyer said he had to present the list of witnesses in the court.

The judge remarked, “If you do not present the list of witnesses today, you will lose your right.”

Imran Khan’s lawyers submitted a list of four private witnesses including tax consultant Muhammad Usman Ali, senior manager Qadeer Ahmed, senior manager Naveed Fareed and Rauf Hassan of the PTI. The PTI lawyers said that one witness was related to tax returns, the other was a banker.

The judge said, “You had to present the witnesses and not just the list.”

To which Barrister Gohar sought time till Thursday, but the judge said that there had been a break in the hearing two to three times since morning and still he was asking for time. Barrister Gohar said he was asking for just one day.

The judge ordered him to present the witnesses but the lawyer said they were in Karachi.

ECP lawyer Amjad Pervez said they were private witnesses and it was their responsibility to produce them.

Later the court adjourned the hearing.

Separately, the ECP on Wednesday for the second time deferred the indictment of Imran Khan in the contempt case. Now the former prime minister is expected to be charged on August 22.

Unlike on previous occasion, the PTI chairman was not present before the commission bench here and his lawyer appeared before the forum and filed an application seeking his (Imran) exemption from personal appearance. The lawyer told the ECP bench that his client had gone to the hospital for a medical check-up.

To this, ECP member Justice (retd) Ikramullah Khan pointed out that Imran was supposed to be indicted during today (Wednesday)’s hearing and asked how could the bench accept a plea seeking exemption from personal appearance.

Imran’s lawyer said that the charges against his client had not yet been proved as urged the ECP to adjourn the hearing.

The lawyer argued that he had not yet been provided the related record of the contempt case. Later, the hearing was adjourned till August 22.

Meanwhile, the ECP issued a notice to the PTI chairman directing him to appear before the commission at its Secretariat here on Friday (tomorrow) at 10am regarding his party not been able to conduct mandatory intra-party elections.

“…You are required in terms of Section 215 (4) of the Elections Act, 2017, to appear before the Election Commission on August 04, 2023…failing which the commission under Section 215 (5) of the act, may declare your political party ineligible to obtain election symbol for future elections,” the notice says.

Through the notice, he was warned that a failure to appear may lead to the ECP declaring the PTI ineligible to obtain an election symbol for future elections. It was pointed out in the notice PTI’s intra-party elections were due on June 13, 2021 and that the party had not held them despite a one-year’s extension till June 13, 2022.

It said that according to the Elections Act 2017, every political party is bound to provide a certificate regarding intra-party polls to the ECP, failing which the commission could declare the party ineligible for an election symbol. PTI has already applied to the ECP for retaining ‘bat’ as its election symbol.