Verdict in Toshakhana case
ISLAMABAD: On Thursday Chairman of Pakistan Tehreek-e-Insaf Imran Khan filed a petition in the Islamabad High Court challenging the trial court’s decision in the Toshakhana case.
In the petition, Imran Khan’s legal representatives argued that they had requested the IHC to fully suspend the trial court’s verdict. The trial court had found Imran Khan guilty in the Toshakhana case.
However, they noted that the IHC, in its August 28 ruling, had only suspended Imran Khan’s sentence but not the trial court’s order itself.
Imran Khan files a petition in the IHC challenging the verdict in Toshakhana case.
The plea stated, “It is a legal principle that the High Court possesses undefined inherent powers. The High Court can issue orders to ensure real and substantial justice, and this is an appropriate case to exercise the powers under Section 561-A Cr.P.C., as the failure to record the contentions of the applicant/appellant’s counsel in court, seeking the suspension of the impugned order dated 05.08.2023, and the subsequent omission to mention the same in the order dated 28.08.2023, is a glaring omission.”
The petition further argued that Imran Khan’s “rights” had been severely affected due to the non-suspension of the trial court’s verdict, as the Election Commission of Pakistan (ECP) had disqualified him from participating in elections.
“However, this has caused significant harm to the rights of the applicant/appellant since he has been disqualified from contesting elections by the ECP’s Notification dated 08.08.2023, based on the contested order of conviction/sentence.
Therefore, the interests of justice require rectifying the aforementioned omission by exercising the powers under Section 561-A Cr.P.C., and the operation of the impugned order should be suspended/stayed until a final decision is reached on the appeal,” the petition asserted.
The petition also noted that the disqualification order issued by the ECP was done hastily, even before the conviction had attained finality.
“It is not merely a matter of securing the petitioner’s conviction and disqualification from election participation, but Khan is being removed him from the leadership of the party.
Furthermore, proceedings are underway to strip him of the party symbol and exclude him from the arena of general elections.
The entire PTI leadership is either in custody or missing, and hundreds of false cases have been filed against loyalists, resulting in arrests and ongoing hardships,” the petition stated.
