ISLAMABAD, July 31: Former prime minister and Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan approached the Supreme Court (SC) on Monday against the Islamabad High Court’s decision to refuse a stay on the ongoing Toshakhana trial.
Despite approaching the IHC twice, Imran could not get relief in the case pertaining to concealment of details regarding state gifts.
In his petition before the apex court, the PTI chief has appealed for a stay against the recording of his statement under Section 342.
The petition contends that the trial, ongoing before District and Sessions Judge Humayun Dilawar, should be halted till the IHC issues its final decision on the matter.
It adds that a decision on the jurisdiction of the court was necessary before the trial could proceed.
The petition was submitted before the top court on behalf of Imran by the PTI chief’s legal team, led by Barrister Gohar Ali Khan.
The apex court accepted the petition. Later, the PTI chief’s legal team met with Chief Justice of Pakistan (CJP) Umar Ata Bandial in courtroom number one. During the meeting the CJP observed that let this be submitted first then you may file an appeal for a quick hearing.
He made these comments as the legal team sought a hearing sooner rather than later.
Refusing to grant a stay against the trial earlier, the IHC had summoned Imran today (July 31) in connection with his petition regarding this case and three others.
In one of the petitions, Imran challenged a trial court’s July 8 order, declaring as maintainable the Election Commission of Pakistan’s (ECP) complaint seeking criminal proceedings against him for not declaring gifts received from foreign dignitaries that he chose to retain during his term as the PM in his statement of assets.
He also filed a petition requesting the court to stay the trial court’s proceedings. The PTI chief also raised objections to the trial court judge, who, he claims, had made some comments against Imran on Facebook. The PTI chief and his wife also moved the IHC for transfer of some cases from one trial court to another.
The IHC chief justice, however, noted that he had not received the SC’s written order till then and briefly adjourned the court.
When the court resumed hearing, Imran’s counsel read out the SC order and submitted that the apex court had directed the IHC to hear three of the petitions. The PTI chief’s legal counsel Khawaja Haris said it was a trite law that the question of jurisdiction is decided first – before starting proceedings of a case.
He said this was the second round of litigation on the subject of limitation and authority of persons filing complaints on behalf of the ECP.
He said the IHC vide order dated July 4 referred the matter back to the trial court for deciding Imran Khan’s petition against maintainability of the ECP’s complaint afresh.
The trial court, however, dismissed the petition of the petitioner vide order dated July 8, which is the subject matter of the instant criminal revision, he added.
He requested the court to stay the trial court’s proceedings contending that in case of a delay, the trial court might issue an order which will render these petitions useless.
The court, however, ordered its office to club three petitions and list them next week.
With regard to the PTI chief’s petition raising objection to the trial court judge based on his alleged social media posts, the IHC directed its office to remit the issue of the authenticity of the posts to the Federal Investigation Agency (FIA) Cyber Crime Wing.
The FIA must submit a report on the social media post positively before the next date of hearing, it said.
It also disposed of Imran and his wife’s petition to transfer cases from the court of Judge Tahir Abbas Sipra – additional district & sessions judge, Islamabad (West) – to another court in view of the judge’s alleged partiality.
It noted that no plausible ground exists for transfer of case of the petitioners from the court of Judge Sipra. It said it is a trite principle that justice should not only be done but seems to be done.
“Therefore, the learned court, seized of the matter, ought to be careful in deciding the issue and be unfazed by the remarks made by it earlier and the matter should purely be decided on the basis of the record collected by the investigating officer so far,” the IHC chief justice wrote.
Meanwhile, the trial court hearing the gift repository case accepted Imran’s requests for one-day exemption from appearance as well as adjourning the case till July 31.
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