Trial court announced Toshakhana verdict against PTI chief in haste: CJP Bandial

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial remarked Wednesday the Supreme Court would wait for the Islamabad High Court’s order on the PTI chairman’s appeal against his conviction and sentence in the Toshakhana case before “interfering” in the matter.

Pakistan Tehreek-e-Insaf (PTI) chairman moved the Supreme Court against the Islamabad High Court’s (IHC) verdict in the Toshakhana case.

The former premier filed an application in apex court against IHC ruling through his legal team. The petitioner pleaded with the court to declare the Toshakhana case against him non-maintainable.

A three-member SC bench, comprising CJP Bandial, Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail, took up a petition filed by the former prime minister challenging the IHC’s order of remanding the Toshakhana case to Additional Sessions Judge (ASJ) Humayun Dilawar who convicted the PTI chairman.

At the outset of the hearing, Imran’s lawyer Latif Khosa said the PTI chief had filed three petitions against IHC orders in the apex court.

He recalled that Imran was elected as a member of the National Assembly from Mianwali during the 2018 elections. “The Election Act tells every members of the NA to submit details of their assets,” the lawyer said, adding that six MNAs had submitted a reference to the speaker seeking the PTI chief’s disqualification.

Read more: PTI chairman moves SC against IHC ruling in Toshakhana case

Khosa said his client was not given the right to present the witnesses in the case by the trial court.

ECP’s lawyer Amjad Pervez said the PTI chairman has legal right to challenge his sentence and added the witnesses, the PTI chairman wanted to present were ‘irrelevant’.

The trial court heard the case during which the accused skipped several hearings, Pervez said and added on August 5, the day, when the PTI chairman was convicted, no one appeared from his side.

After hearing the arguments from the lawyers, the top judge observed: “Prima facie, there are shortcomings in the trial court verdict.”

The CJP further remarked, “We will not interfere in the Toshakhana case today … we will look at the IHC hearing tomorrow and then resume the proceedings.”

Later, the hearing was adjourned until tomorrow at 2pm.

On August 5, a trial court in Islamabad found the PTI chief guilty of “corrupt practices” in a case pertaining to concealing details of state gifts and sentenced him to three years in prison. The verdict also means that he stood disqualified from contesting general elections for five years.

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.”

Read more: SC turns down PTI chief’s plea to stop Toshakhana criminal trial

“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”.