IHC adjourns Imran’s plea against Toshakhana case verdict

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday adjourned an appeal of Pakistan Tehreek-e-Insaf Chairman Imran Khan till August 24, against his conviction in the Toshakhana case while granting time to the Election Commission of Pakistan (ECP) for production of case record.

The IHC bench comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, which heard the appeal of PTI chairman against the verdict of trial court, also served notices to the respondents.

During the course of proceedings, the petitioner’s lawyer, Latif Khosa, said that as per the inspection report of District and Sessions Judge, Attock, a camera had been fixed in front of the cell of PTI chairman in jail.

Sher Afzal Murawat, advocate, said that the lawyers were not being allowed to meet the former prime minister.

The chief justice remarked that he did not know why the jail administration was not permitting the lawyers to meet the PTI chief despite his order. He said that he had instructed that two or three lawyers could visit the prisoner in jail.

The court said that it was serving notices to the respondents to the plea seeking provision of facilities to the PTI chairman in jail.

To a court’s query regarding the case record, ECP’s counsel Amjad Pervaiz prayed the court to grant two weeks’ time. The petitioner had also prayed the court to suspend his sentence in his plea and he also needed some time for preparation, he added.

Latif Khosa opposed the request of ECP lawyer and said that the trial court had announced the verdict in the absence of his client, and his basic rights were being violated in jail. The PTI chief wanted only his right and not any concession, he added, praying the court to decide the matter pertaining to the suspension of imprisonment sentence the same day (Tuesday).

The PTI chief’s lawyer argued that the sessions court had announced the sentence against the law as it was even not authorised to hear the case. The ECP secretary was not authorised to file such a complaint, he said, adding the trial court had abolished the right of defence of his client and announced the verdict in one day.

The lawyer said that delaying tactics were being used in the case.

The ECP lawyer stated that he was yet to receive the verified record of the case and should be given at least 10 days to prepare his arguments and should be given ample time.

“We will neither listen to Mr Khosa nor yours [ECP lawyer] and we will keep this for the day after tomorrow,” the IHC CJ responded and adjourned the hearing till August 24 (tomorrow).

The PTI had filed an appeal in the IHC challenging the trial court’s verdict and sentence against the party chief, requesting that the court declare the judgment “illegal” earlier this month.

“It is most respectfully prayed that the Hon’ble Court may graciously be pleased to set aside the impugned judgement dated 05.08.2023, and declare the conviction, sentence imposed upon the Appellant to be illegal and without lawful authority and to acquit the Appellant of the charges framed against him,” the petition read.

Khan was sentenced to three years in prison and a fine of Rs100,000 by Additional District and Sessions Judge (ADSJ) Humayun Dilawar on August 5, 2023, after the judge found Khan guilty of graft in the Toshakhana case — a move likely to bar him from standing in elections due later this year.

Following the arrest of the PTI chief, it was the third petition the party has filed — one of which has also been filed in the Supreme Court.

Later, the PTI announced that it would file a reference against IHC Chief Justice Aamer Farooq in the Supreme Judicial Council (SJC) after a bench headed by the judge refused to suspend former prime minister Imran Khan’s sentence in the Toshakhana case.

In a statement, the PTI Core Committee, which is handling the party matters due to the incarceration of party chairman, condemned the adjournment of the case by the IHC till Thursday (August 24).

“It has been decided to file a reference against Islamabad High Court Chief Justice Aamer Farooq in the Supreme Judicial Council to ensure the independence of the judiciary,” the party said.

It also urged Chief Justice of Pakistan (CJP) Umar Ata Bandial to take notice of the manner in which the IHC CJ issued the decision on Tuesday.

“The CJP should ensure free trial to PTI chairman under Article 10-A,” the former ruling party said and asked the IHC chief justice to separate himself from the case immediately.

“The chief justice of the Islamabad High Court has made law and justice a mere joke. Delay in justice is tantamount to murder of justice,” the Imran Khan-led party claimed. It also alleged that Tuesday’s adjournment was done to “continue the series of revenge and violence” against the party chief.

The committee meeting demanded of the Chief Justice IHC to recuse himself from the trial immediately and transfer the case to another bench because he made “law and justice a joke”.

The forum also expressed strong resentment over IHC’s “unnecessary adjournment” of PTI Chairman Imran Khan’s plea hearing against the decision of trial court in the Toshakhana case and strongly condemned the adjournment of the trial till Thursday, what they called, under a plan to prolong PTI chairman’s captivity so as to subject him to vindictive actions and inhumane treatment in the jail.

The PTI forum also demanded that that the apex court should thoroughly probe the issue of President Dr Arif Alvi’s extraordinary tweet so as to determine the facts and hold accountability of those who belittled the position of the head of state.

The PTI Core Committee reviewed the country’s prevailing political situation arising out of the president’s tweet claiming that he had not signed the Official Secrets (Amendment) Bill and Pakistan Army (Amendment) Bill.

The meeting said that the nation was in deep anxiety and nervousness in the wake of president’s extraordinary tweet. The participants of the meeting condemned the propaganda against the president, which was an attempt to force the president to yield and obscure the facts.

The core committee vowed that they would never allow anyone to confuse the matter or to protect the responsible through bullying and coercion. They demanded that the Supreme Court should take up this extraordinary matter without any delay in the larger interest of the Constitution and the state.