Toshakhana case transfer: SC registrar returns PTI chief’s plea against IHC order

ISLAMABAD: Imran Khan Saturday challenged in the Supreme Court an order of the Islamabad High Court (IHC), rejecting his appeal for transfer of Toshakhana reference against him to another court.

However, the SC Registrar office returned the appeal, objecting that the case suffered deficiencies including power of attorney not being properly executed, improper case description, memo of parties not drawn properly, names and signatures of the petitioner/ Advocate on Record (AOR) not available in the appeal.

The PTI chairman had filed the petition in the apex court under Article 185(3) of the Constitution for leave to appeal against the order, passed by the IHC chief justice on August 4.

He prayed to the apex court to covert the petition into an appeal against the order, passed by the IHC single bench, led by Chief Justice Amir Farooq. The IHC CJ had rejected an appeal, filed by PTI chairman for transfer of Toshakhana reference against him to another court.

In his petition, filed in the SC on Saturday through his counsel Barrister Gohar Khan, the PTI chairman submitted that the judgments relied upon by the single judge, Chief Justice Islamabad High Court, in refusing to remand the matter for decision afresh to a judge other than the learned judge who had passed in the order impugned in the criminal review petition are wholly inapplicable on law and facts to the instant case and as a result, the impugned judgment is not warranted by law.

However, the SC Registrar office objected that court fee of Rs250 had not been affixed, court filing fee stamps had not been affixed on power of attorney, affidavits and civil miscellaneous appeals (CMAs), etc.

Similarly, the Registrar office also stated that no proof was attached as to whether the petitioner was in jail or had served out his sentence, date and impugned case number mentioned in the affidavits and notice is incorrect.

It was further stated that the AOR should clarify at the end of petition/application that all clear/legible copies of illegible documents have been compared word for word and found correct in all respects

It was objected that Index/ Concise statement/ Proforma/ Mem of petition/ Affidavits/ CMA/ Crl M.A have not been signed by AOR/ Petitioner in person.

Therefore, if approved, the case may be returned to the AOR/petitioner to original for removal of the said deficiencies within 14 days i.e., by August 19, 2023, the Registrar office stated.