Toshakhana case: IHC reserves verdict on Imran’s eight pleas

ISLAMABAD: The Islamabad High Court (IHC) Thursday reserved its verdict on an appeal challenging the admissibility of Toshakhana case.

The decision is expected on Friday (today). The hearing will also determine if the move to reinstate the right to defense can be heard in the trial court. Additionally, the court will also decide on the request for transfer of the PTI chairman’s case to another court.

IHC Chief Justice Amir Farooq reserved the judgment on eight petitions related to the PTI chairman after arguments by both the parties.

Meanwhile, the lower court adjourned the Toshakhana criminal case proceedings after accepting the immunity request of Imran Khan.

ECP counsel Saad Hasan informed the additional district and sessions court (ADSC) that the case was being heard in the Islamabad High Court (IHC) where Amjad Pervez was pleading the case and he will also give arguments in the lower court.

ADSJ Humayun Dilawar asked Saad if he was not the counsel to which he said it was their joint decision that Amjad would present the arguments.

The court adjourned the proceedings till 12 o’clock.

The junior lawyer informed the ADSJ that Khawaja Haris was busy in the IHC and will come by 12:30pm. The judge said he should come by 12o’clock and give arguments or he would reserve the decision.

When the hearing started, PTI lawyer Amina Ali said the IHC chief justice had given time till 3pm.

Amina filed an exemption petition of the PTI chairman which the court accepted and adjourned the hearing till Friday.

The court inquired whether there was any direction or stay order. Amjad Pervez advocate said there was no stay order but his application would be heard.

The court started the final arguments at 3pm. ECP Lawyer Amjad Pervez started the arguments by referring to the affidavit submitted by the PTI chairman and said both movable and immovable properties had been mentioned in the form.

On this occasion, PTI chairman’s legal team member Niazullah Niazi appeared in the court and said if the arguments were being held in this court, then he would not be there. He said a commitment had been made with Khawaja Sahib to which Amjad Pervez said there was no commitment and he was going to start the arguments.

Niazullah Advocate said the High Court had set the time for 3:30pm and Khawaja Sahib would also come. He questioned how arguments could be given in his absence and requested that the proceedings be postponed until the arrival of Khawaja Haris.

Judge Humayun Dilawar said the court was not saving the decision, but arguments would be heard.

Amjad Pervez read out the details of PTI chairman’s assets and said neither any vehicle nor jewelry had been declared in the assets of PTI chairman and his wife.

He pointed out that the value of 300 kanal house and other assets, including the furniture etc owned by Imran Khan, was declared worth only Rs500,000.

He said the accused had declared the value of four goats as Rs200,000 adding that the declaration of other assets was an issue bigger than the Toshakhana gifts.

The lawyer said the former prime minister had received Toshakhana gifts after paying 25% price. The case of prosecution is that these gifts were also considered as assets, he said.

He said the accused declared four goats every year but didn’t disclose the details of jewelry and gifts.

He further said the defence had admitted the gifts but said they had sold them out against Rs58 million. On June 2019, the gifts were not with him, Amjad Pervez said.

While the hearing was on, Niazullah Niazi once again informed the judge that communication was not possible due to poor signals and requested that the proceedings be postponed till 3:30pm.

The judge adjourned the hearing till 3pm and told Amjad Pervez to give the rest of arguments on resumption of the court.

“We are waiting”, said Judge Humayun Dilawar and asked if the arguments had been done in the Islamabad High Court.

Amina told the judge that there had been arguments and the chief justice had to deliver the verdict.

At this, Judge Humayun Dilawar said, “Okay, let’s see what happens by 4pm.” The court adjourned the hearing once again.

Later, when the hearing started, the court called Amina Ali advocate to the rostrum and asked about any update from the Islamabad High Court. Amina told the judge that the arguments had been completed and the chief justice had remarked that he will pronounce the decision now.

The court then adjourned the hearing of the case till Friday (today).

Meanwhile, PTI Chairman Imran Khan Thursday challenged cessation of his right to defence by the trial court in Toshakhana case in the Islamabad High Court (IHC).

The petitioner pleaded to the high court to declare the trial court yesterday’s order as void and restore his right to defence in the case.

Imran also requested the court for hearing his petition. Chief Justice Aamir Farooq heard Imran’s petition against declaring Toshakhana criminal case as maintainable. The bench also heard Imran’s petition for transfer of the case to another court and a plea for restraining order against the trial.

The trial court recorded the PTI chairman’s statement under Section 342.

“We submitted a list of witnesses to the court and sought one day to produce the witnesses,” PTI chairman’s counsel Khawaja Haris told the court.

“The court ended our right to defence and asked us to present final arguments. I don’t understand why the court wants daily hearing of the case.

The judge said he would reserve decision if Haris didn’t present his final arguments today.”

Khawaja Haris said it exposed prejudice of the judge.

“The trial court cannot give its decision until the verdict on the transfer application,” he said.

“We have also challenged the trial court’s order against our right to defence,” the counsel said.

“You have filed a petition about prejudice of the trial court’s judge; you are saying daily hearing of case demonstrates prejudice of the judge,” the chief justice said.

The orders of the trial court demonstrate bias, Khawaja Haris said.

“Your transfer petition is based on partiality, the chief justice said and asked, “Are you saying daily hearing of the case by the judge is bias.” Khawaja Haris pleaded the court to restrain the trial court from further hearing of the case.

“I also wish daily hearing of cases but the accused should be given a fair trial,” Chief Justice Aamir Farooq said.

Meanwhile, the National Accountability Bureau (NAB) Rawalpindi has summoned former prime minister and PTI Chairman Imran Khan in £190 million National Crime Agency (NCA) UK settlement case today (Friday).

The NAB Rawalpindi has asked PTI Chairman Imran Khan to bring documents related to Al-Qadir Trust.