IHC declares session court’s verdict on Toshakhana case ‘null and void’

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday annulled the decision of the trial court which had rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition seeking to have the Toshkhana case declared inadmissible, Geo News reported.

Chief Justice Amir Farooq of the IHC pronounced the verdict on the PTI chief’s petition, which was reserved on June 23.

Announcing the short order, the judge returned the matter to the trial court, ordering that the PTI counsel’s arguments be heard again and reconsidered. “The trial court should decide on the PTI chairman’s plea in the Toshakhana case in seven days,” the IHC ruled.

Khan was indicted in the Toshakhana case on May 10 by Additional Sessions Judge Humayun Dilawar, who rejected objections on the admissibility of the case. The PTI chief then approached the IHC, which had stayed criminal proceedings on the case till June 8.

Following the resumption of hearing in June, Justice Aamer on June 23 reserved his verdict on the petition, saying that he would look into the matter after Eidul Azha.

In his petition, the PTI chair objected to filing a complaint after a specified period. His lawyer, Khawaja Haris, maintained that a complaint could only be filed within four months of submitting the return. In a written order issued by the court, the judge wrote that the trial court’s decision had left important legal issues unresolved. It would be appropriate for the trial court to decide on the application after hearing the arguments again, the judge added in his order. The order further maintained that it was evident from the parties’ arguments that the court gave its decision without going into details.

It is important to know the answers to eight different questions, including the jurisdiction of the case, the IHC top judge wrote, adding that the petition was rejected with little reasoning, and important legal questions and issues were left unresolved.

A day earlier, the PTI chief submitted a petition to the court, seeking Justice Aamer’s recusal from the case. In the petition, the former prime minister sought the transfer of the two Toshakhana cases to another bench in the interest of a “fair and impartial” trial.