CJP says there are errors in trial court’s Toshakhana judgment

By Muhammad JuniadPublished On 23 Aug 2023

Islamabad: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial has remarked prima facie it appears there are errors in the trial court’s decision in the Toshakhana case in which Additional Sessions Judge Humayun Dilawar had convicted and sentenced the former prime minister for three years.

Chief Justice Umar Ata Bandial expressed these observations during the hearing of PTI Chairman’s petition against the Aug 3 Islamabad High Court order of remanding the Toshakhana case to Additional Sessions Judge Humayun Dilawar who handed down three-year term to Imran Khan in the case.

A three-judge bench headed by Chief Justice Bandial and comprising Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhel heard the case on Wednesday.

PTI chairman’s lawyer Latif Khosa appeared in the court and presented his arguments.

He said that six MNAs sent the reference against the PTI chairman in which they accused the latter of submitting a false declaration. Then the lawmakers sent this reference to the speaker who forwarded this reference to the Election Commission of Pakistan.

Khosa said that Imran Khan got elected from the Mianwali National Assembly seat in 2018 elections. According to the ECP Act, every member is supposed to submit details of his and his family members’ properties till Dec 31 of every year.

He said as per the law, the ECP could act against the provider of wrongful information within 120 days.

To Justice Naqvi’s query whether a member of the National Assembly could send a reference against his fellow lawmaker, Advocate Khosa replied that no lawmaker could sent a reference against his fellow MNA and the ECP itself could take action only within a stipulated period of time.

Justice Mandokhel remarked that the current case is not about whether the reference could be sent against the PTI chairman, rather you (PTI lawyer) have come to the court against the Islamabad High Court decision.

The judge said that the Toshakhana main case has been decided, has the PTI chief challenged it.

Chief Justice Bandial remarked that the PTI has challenged the matter of court jurisdiction. “Now you yourself are saying that the case is sub judice in another court.

Justice Mandokhel inquired from the PTI lawyer would not the decision of the main case be affected if the SC hears this case. If the SC accepts your appeal, still then the trial court has announced its decision. Where this case would go the, the judge asked.

Justice Naqvi remarked that the PTI chairman has not challenged the legal position of the case.

Khosa said that they also have challenged the legal position of the case.

Justice Mandokhel observed that his case is against the decision of the Islamabad High Court, it is not against the legal position of the complaint. He said since the trial court has completed the case then where the case could be remanded now.

Khosa said that the court should reverse the hands of the clock at the earlier position.