Toshakhana case: Chairman PTI challenges trial court's order in IHC

ISLAMABAD: Chairman PTI has challenged cessation of his right to defence by the trial court in Toshakhana case in the Islamabad High Court, ARY News reported on Thursday.

The petitioner pleaded to the high court to declare the trial court’s yesterday’s order as void and restore his right to defence in the case.

PTI chairman also requested the court for hearing his petition today.

Chief Justice Islamabad High Court Aamir Farooq heard appeal of the chairman PTI against declaring Toshakhana criminal case as maintainable.

The bench also hearing petition of the PTI chief to transfer the case to another court and a plea for restraining order against the trial.

“The trial court recorded PTI chairman’s statement under section 342. We submitted a list of witnesses to the court and asked one day to produce the witnesses,” PTI chairman’s counsel Khawaja Haris told the court.

The court ended our right to defence and asked to present final arguments, the lawyer said. “I don’t understand why the court wants daily hearing of the case? The Judge said, I will reserve decision if you didn’t present your final arguments today,” Khawaja Haris said.

“It exposes prejudice of the Judge,” he argued. “The trial court could not give its decision until the verdict on the transfer application,” he said. “We have also challenged the trial court’s order against our right to defence,” the counsel said.

“You have filed a petition about ‘prejudice’ of the trial court’s judge,” chief justice said. “You are saying, daily hearing of case demonstrates prejudice of the judge,” chief justice said.

“The orders of the trial court demonstrate bias,” Khawaja Haris said. “Your transfer petition is based on the partiality,” chief justice asked. “Are you saying daily hearing of the case by the Judge is the bias,” the bench questioned.

Khawaja Haris pleaded to the court to restrain the trial court from further hearing of the case.

“I also wish daily hearing of cases, but the accused should be given fair trial,” Chief Justice Aamir Farooque said.