Toshakhana case: IHC declares session court's verdict on maintainability 'illegal'

ISLAMABAD: The Islamabad High Court (IHC) on Friday set aside a session court’s verdict that declared the Toshakhana reference against the PTI chairman as maintainable, ARY News reported.

IHC Chief Justice Aamer Farooq announced the verdict and ordered the lower court to rehear the case.

The court also rejected the PTI chairman’s appeal to transfer the case to another court and issued a notice for next week on the appeal to restore the right of defence.

Earlier, a session court had declared the ECP reference against the PTI chief maintainable. The decision was subsequently challenged in the IHC.

On Thursday, IHC had reserved the verdict on former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman’s plea to restore his right to defense in Toshakhana case.

The PTI chief’s counsel Khawaja Haris had urged the court to hear the final arguments in the case and then announce the verdict.

Toshakhana reference

The Toshakhana issue became a major sticking point in national politics after the Election Commission of Pakistan disqualified the PTI chief for making “false statements and incorrect declaration”.

The reference, which alleges that Imran failed to share details of the gifts he retained from the Toshaskhana (during his time as the prime minister) was filed by lawmakers from the ruling coalition last year.

The judgement added that the former premier was found to be indulged in corrupt practices under sections 167 and 173 of the constitution. “A criminal proceeding will be initiated against him over filing a false statement.”

“His disqualification under Article 63, 1(P) has been for his current parliament membership”, the ECP said in its 36-page detailed judgment of the reference.

“The amount in his bank account was around half of the value of the state gifts. Imran Khan was bound to declare the cash and bank details in his returns but he didn’t declare it,” ECP decision read.

“Imran Khan being declared disqualified and unseated from his National Assembly seat,” the ECP said, adding: “He has been disqualified under Article 63, 1(P), over submitting a false statement and declaration”.

Following this, the National Accountability Bureau (NAB) had launched probe against former prime minister Imran Khan in Toshakhana case on March 9.