SC sends case back to IHC, asking it to hear all pending petitions of PTI chief together
ISLAMABAD: The Supreme Court on Wednesday declined to stay the trial court’s proceedings in the Toshakahana case but directed the Islamabad High Court (IHC) to decide the pending petitions of former prime minister Imran Khan.
A two-member bench of the apex court, comprising Justice Yahya Afridi and Justice Musarat Hilali, heard the petition of Imran Khan in which he challenged the IHC order of remanding back his case to the trial court for re-examining maintainability of Toshakhana case. The Pakistan Tehreek-e-Insaf (PTI) chairman had also prayed to the apex court to stay the proceedings before Additional District and Sessions Judge, Islamabad, Humayun Dilawar, until a decision on his appeal by the apex court.
During the course of the hearing, Khawaja Haris, ECP counsel Amjad Pervez and DG (Law) of the electoral body appeared before the court. Imran also came to the Supreme Court to attend the proceedings without notice. Imran’s counsel submitted before the court that they had challenged before the high court the jurisdiction of trial court proceedings in the Toshakhana case as well as the transfer of the case from the court of Dilawar Humayun.
Similarly, the counsel also submitted that they had also filed a petition before the high court seeking a stay on the trial court’s proceedings on the Toshakhana case.
Khawaja Haris contended that the IHC chief justice, instead of hearing their petitions on merit, remanded back the case to the same district and sessions judge for the re-examination of the case against whom they had raised objections. The ECP director general (Law), however, told the court that the trial court had already decided the case regarding the transfer of the case to another court.
“As our instant petitions were not yet decided by the high court, the trial court was conducting the Toshakhana case on a daily basis,” the PTI chief’s lawyer informed the court. He further submitted that they had also sought a complete record of the ECP proceedings on the Toshakhana matter and had challenged that before the high court. However, he apprised the court that the high court also kept pending that matter.
Khawaja Haris submitted that the trial court has summoned his client for recording his statement in the case, therefore, the court may grant a stay to the trial court proceedings till the final disposal of their petitions before the high court.
ECP counsel Amjad Pervez submitted that the order issued by the IHC to the trial court, placing eight questions has already been implemented by the trial court. “We came to this court for seeking justice,” Khawaja Haris submitted.
The court, however, rejected the plea of PTI chairman’s counsel for staying the trial court’s proceedings.
“It’s not possible as the issue is not before us while the trial was in the final stage,” Justice Musarat Hilali observed. Justice Yahya Afridi observed that it would not be appropriate to intervene in this matter.
“The high court has a supervisory jurisdiction and we will not interfere with it,” Justice Afridi remarked. The judge, however, acknowledged the argument that the jurisdiction of the court should be determined on merit first. “We, however, can request the learned high court to decide on merit, the instant pending petitions of the petitioner,” Justice Afridi remarked.
Meanwhile, the ECP counsel also endorsed the court’s observations. The court directed the IHC to decide Imran’s pending petitions on merit and disposed of the case.
Earlier, there was some disturbance outside the courtroom on the arrival of Imran Khan as a large number of lawyers were accompanying the former premier. At this, the apex court judges asked Khawaja Haris to maintain the decorum of the court telling him to resolve the issue outside the court. The judges for a short while left the courtroom but later came back and resumed the hearing after the situation came under control.
On July 7, Imran, through his counsel Khawaja Haris, filed an appeal in the apex court under Article 185(3) of the Constitution against the order passed by IHC Chief Justice Aamer Farooq on July 4, 2023. Last year in October, the Election Commission of Pakistan (ECP) disqualified Imran in the Toshakhana reference under Article 63(1)(p) of the Constitution for making an incorrect declaration.
Similarly, the trial court on May 10, 2023, indicted the former prime minister in the Toshakhana case after rejecting his petition, challenging the maintainability of the case. Later, Imran moved the IHC against the trial court’s decision, which remanded the case back to the trial court on July 4.
The verdict was announced by the IHC chief justice. In his short order, the judge had sent the case back to the trial court after formulating eight legal questions and had ordered that the PTI’s counsel arguments be heard again and reconsidered.
In a related development, Additional District and Sessions Judge (ADSJ) Humayun Dilawar gave a questionnaire to the lawyers of former prime minister Imran Khan in the Toshakhana case and directed him to record his statement on Thursday (today), otherwise non-bailable arrest warrants will be issued.
The Election Commission of Pakistan lawyer said the suspect should know what the case was against him. The court prepared a questionnaire under Section 342 of CrPC. It handed over the 35-point questionnaire to the PTI chief’s lawyers. Imran Khan’s request for exemption from personal appearance was also approved.
Lawyer Gohar Ali Khan should ensure the PTI chief would be present in court on Thursday, the court directed. Barrister Gohar requested adjournment in the hearing till July 31, but the court adjourned the hearing till 11am Thursday.
Earlier, the commission lawyer opposed the PTI chairman’s plea for an exemption from appearance in the court, saying the high court had not granted any stay in the Toshakhana case. He said the previous day’s exemption request had been re-filed.
Saad Hussain said there was no justification to halt the trial and the proceedings should continue. He remarked that the PTI chief had sought a one-day stay in the case from the Supreme Court of Pakistan, which remarked that the hearing could not be stopped.
Judge Dilawar asked if the Supreme Court of Pakistan issued a restraining order on proceedings in the Toshakhana case. The election commission’s lawyer replied in the negative, saying the application was rejected.
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