Imran Khan Moves Apex Court for Stay in Toshakhana Case

Mon Jul 31 2023
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ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan on Monday approached the Supreme Court (SC) of Pakistan against the Islamabad High Court (IHC)’s decision to refuse a stay on the ongoing Toshakhana trial continuing at a local district and sessions court.

Despite approaching the IHC twice, the former prime minister could not get relief in the case pertaining to alleged concealment of details regarding state gifts he received during foreign trips.

In his petition before the top court, the PTI chairman has appealed for a stay against the recording of his statement under Section 342. The petition contends that ongoing trial before District and Sessions Judge Islamabad Humayun Dilawar should be stayed till the IHC issues its final decision on the matter.

The petition further said that a decision on the jurisdiction of the court was necessary before the trial could start. Barrister Gohar Ali Khan submitted the petition before the top court on behalf of PTI chairman Imran Khan.

The apex court has allotted the number to the petition. Later, the PTI chief’s legal team met with Chief Justice of Pakistan Umar Ata Bandial for early hearing of the plea. The Chief Justice observed, “Let this be submitted first then you may file an appeal for a quick hearing”.

Earlier, refusing to grant a stay against the trial, the IHC had summoned Imran Khan today (July 31) in connection with his petition regarding this very case and three others.

In one of the petitions, Khan challenged a trial court’s July 8 order, declaring as maintainable the Election Commission of Pakistan’s 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.

In another petition, he requested 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 him on Facebook page. Imran Khan and his wife Bushra Bibi 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, Khan’s counsel read out the apex court order and submitted that the apex court had directed the IHC to hear three of the petitions. Khawaja Haris, PTI chief’s legal counsel was of the view that it was a trite law that the question of jurisdiction is decided first — before starting proceedings in a case.

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