Imran’s no-trust plea against court in Toshakhana case rejected

ISLAMABAD/LAHORE: The no-confidence motion filed by former prime minister Imran Khan against the court in the Toshakhana case has been rejected by Islamabad’s Additional District and Sessions Judge Humayun Dilawar. However, Imran Khan’s plea for an exemption from appearance has been granted.

The court has summoned the suspects and witnesses on July 20, with Imran Khan being summoned in his personal capacity. Further hearing of the case has been adjourned until July 20. During the proceedings on Tuesday, the court expressed reservations about the social media campaign. “I have put my concerns on the record,” said Additional District and Sessions Judge Humayun Dilawar.

The judge told Gohar Ali Khan that an observation about him has been included in the decision, adding that the high court can take any necessary action, if deemed appropriate.

Earlier, PTI Chairman Imran Khan had expressed a lack of confidence in the judge presiding over the Toshakhana criminal case.

In the court, Imran Khan’s lawyer had presented alleged Facebook posts by the judge, while the lawyer representing the election commission, Amjad Pervaiz, opposed the no-confidence motion against the judge.

Judge Humayun Dilawar also expressed his indignation, saying that the Facebook account in question belonged to him, but he did not upload the posts.

The judge remarked that it would have been better if the petitioner’s lawyers had demanded a judicial inquiry instead of resorting to trolling like the PTI.

The District and Sessions Court, which is hearing the Toshakhana criminal case against PTI Chairman Imran Khan, has also reserved its decision on both his petitions — the no-confidence motion against Judge Humayun Dilawar and the exemption plea.

Imran’s lawyer, Gohar Ali Khan, presented Judge Dilawar’s Facebook posts in the court, expressing sadness upon seeing them. Judge Dilawar questioned: “Don’t you think there should be a judicial inquiry into this matter, and is it not necessary to conduct a forensic test on these posts?”

The judge confirmed that the Facebook account in question belonged to him but maintained that the posts shown were not his own. He suggested that the lawyer request a judicial inquiry or even approach the Supreme Court.

Barrister Gohar said that he had hoped the court would reject these posts, saying that it was not appropriate for the court to conduct a trial, whether the posts are true or not.

He further mentioned that these posts are still present on Facebook and highlighted the importance of a fair trial and human rights for every individual.

The election commission’s lawyer said that the suspect had already applied for a transfer of the case, adding that the PTI chairman no longer has faith in this court. He criticised the suspect’s lack of seriousness and mentioned that the suspect has been absent from court for several months, even failing to sign his exemption plea.

Amjad Pervaiz remarked that the Islamabad High Court had granted a stay to the suspect for one and a half months.

The ECP lawyer claimed that the PTI chairman’s attitude towards the court is not serious, asserting that the suspect knows there is no escaping the case.

Amjad Pervaiz objected to the motion of no-confidence against the judge, saying that mudslinging in court without an affidavit cannot be allowed. “The PTI has a habit of campaigning on social media,” remarked Amjad Pervaiz.

Judge Dilawar remarked that Imran Khan’s lawyer displayed the posts in the courtroom, suggesting that the lawyer could have requested a judicial inquiry. “The kind of trolling that the PTI engages in — Gohar Ali Khan also resorted to that,” remarked the judge.

The ECP’s lawyer said that filing a transfer application in the same court is merely a delaying tactic, adding that the PTI chief did not appear in court on Tuesday. The lawyer then requested the dismissal of both petitions filed by Imran Khan.

Meanwhile, Civil Judge, Islamabad, Qudratullah, on Tuesday declared the alleged illegal marriage case of the PTI chief and his wife Bushra Bibi admissible.

The court announced the verdict reserved a day earlier after hearing arguments from the parties. The judge has issued notices to former prime minister Imran Khan and his wife Bushra Bibi and adjourned the case till July 20.

Last week, the sessions court overturned a decision of a civil judge, who had rejected a petition against alleged non-Shariah Nikah of the former premier.

Sessions Judge Azam Khan had remanding the case back to the civil court. He directed the court to decide on the matter keeping in view all legal points.

On May 13, Civil Judge Nasr Minallah declared the petition filed by Muhammad Hanif, seeking former prime minister and Bushra Bibi’s marriage to be declared illegal and inadmissible.

Also, PTI Chairman Imran Khan appeared before the Lahore High Court on Tuesday and submitted surety bonds in different cases. After his appearance, while speaking to the media, the PTI chairman said that Pakistan is currently trapped in a political and economic quagmire, and he believes that elections are the only way forward for the country.He expressed concern that when the Constitution is violated, it sets a precedent for those in power to choose which clauses of the Constitution to adhere to and which to ignore. Imran Khan said that the Supreme Court’s decision on May 14 has not been fully implemented.Additionally, he criticised the current caretaker government, saying that it is unconstitutional since there is no provision for them to remain in power beyond 90 days.

And, the Lahore High Court on Tuesday withdrew the stay order that had halted the cypher probe against PTI Chairman Imran Khan. The court took this action in response to a petition filed by the federal government, challenging the stay order that had been granted to the PTI chairman regarding the FIA’s investigation into the cypher audio leak scandal. Justice Ali Baqar Najafi of the LHC announced the verdict.The government’s lawyer argued that the FIA was conducting the investigation in accordance with the law, but the process was brought to a halt due to the stay order. The counsel contended that the court’s decision to suspend the investigation without giving the government an opportunity for notice or a hearing was unjust. Therefore, he requested the court to vacate the stay order, which had been previously granted.In December 2022, Justice Asjad Javaid Ghural of the Lahore High Court had issued a summons to PTI chief Imran Khan concerning the ‘cypher audio leak’ scandal. Imran Khan had challenged the FIA’s inquiry into the audio leaks related to the US cypher and the notice served on him for recording his statement.