Highest bidder can buy Toshakhana gift: SC

Justice Ahsan says high court decision would stay even if new law was enacted, Justice Minallah remarks, "don’t go to the rules"

By ONLINE
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August 30, 2023
A view of the Supreme Court building in Islamabad. — AFP/File

ISLAMABAD: The federal government has withdrawn its plea filed in the Supreme Court against a Lahore High Court order in the Toshakhana case. The case of auction of Toshakhana gifts came up for hearing before the SC Tuesday. The deputy attorney general told the court the government wanted to withdraw its appeal in the Toshakhana gifts auction case in the light of new rules. “The new law on Toshakhana gifts lies with the president for his endorsement,” he added.

Justice Ijazul Ahsan said the high court decision would stay even if new law was enacted. Justice Athar Minallah remarked, “Don’t go to the rules. There is already humiliation on the matter of Toshakhana. If you talk about the rules, then we will raise a question under what law the rules have been framed.” justice Athar Minallah maintained, “Leave the matter of rules. If you are withdrawing the appeal, then take it back as usual. The decision of the Lahore High Court (LHC) is correct as per law and Constitution. The highest bidder can be entitled to purchase a gift.” The LHC has sought replies from the Election Commission of Pakistan (ECP) and other respondents on a petition filed against members of assembly with reference to the Toshakhana gifts. The petition seeks action against all members of assembly who had not shown Toshakhana gifts in assets. Justice Raheel Kamran Sheikh had heard the case.

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The court while summoning the attorney general for assistance appointed the SCBA president and Punjab Bar vice chairman as amicus curiae. The LHC while issuing notices to the ECP and other respondents sought replies from them.

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