IHC stays Toshakhana proceedings against Imran Khan

The Islamabad High Court (IHC) Friday issued a stay order on criminal proceedings in the Toshakhana case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan — two days after his indictment in the matter.

The court has issued the stay order till the next hearing on June 8.

Additional Sessions Judge Hamayun Dilawar had indicted the PTI chairman on May 10. In its order, the court stated that Khan’s lawyers had raised objections against the indictment of the accused, but it was rejected by it.

Today, IHC Chief Justice Aamer Farooq heard Khan's plea against the order and restrained the lower court from proceeding further.

The Election Commission of Pakistan (ECP) had filed a complaint seeking proceedings under criminal law for not disclosing information pertaining to the gifts the former premier received during his time in office.

During the IHC hearing, PTI chief’s lawyer Khawaja Haris argued that the complaint against Khan was submitted by a district election commissioner and not by the competent authority. He added that the ECP did not submit a letter to appoint someone as competent authority.

“Election Commission only asked its office to file a complaint. The complaint filed without competent authority cannot be heard,” the lawyer said, adding that he’s relying on the documents provided with the record by the prosecution.

Meanwhile, the chief justice remarked that there are other pleas of similar nature and petitions against the interim order.

“Should this be heard as a main petition?” CJ Farooq asked.

Khan’s counsel, however, said that there is an objection over the matter as it should have been first heard by a magistrate.

He added that the complaint was filed after the prescribed time.

Indictment in Toshakhana case

The order issued by the court in the Toshakhana case said that charges had been framed against the accused, adding that Imran Khan had not answered the questions of the court during the hearing. 

The accused had also refused to sign the charge sheet, it said.

The court added that it was issuing notices to the prosecution witnesses for May 13, to record their statements. It said that Imran's lawyer had raised an objection against the judge and requested to transfer the case to any other court.

The lawyer had stated that they wanted to challenge the decision of May 5, and this court couldn't hear the matter until the verdict on the appeal. The order further said that the defence also raised the objection to changing the location of the court only one day before the hearing.

They had stated that transferring the court location was a hindrance in the way of justice. Meanwhile, it also mentioned that the accused had neither challenged the decision of May 5, nor any stay was issued against it.