IHC gets sandwiched between SC, trial court: Justice Amir

ISLAMABAD: Chief Justice Islamabad High Court (IHC) Justice Amir Farooq Thursday remarked that the high court bench was sandwiched between the trial court and Supreme Court.

Justice Farooq gave this observation when the counsel for the Election Commission of Pakistan Amjad Pervez argued that the high court bench could not give its observation as the PTI Chairman Imran Khan’s applications for right to defence in the Toshakhana case were being heard by the Islamabad High Court and a similar application was being heard by the Supreme Court against the August 4 order of the Islamabad High Court.

The court hearing into Imran Khan’s appeal challenging his conviction in the Toshakhana case adjourned for Friday (today). Sardar Latif Khosa represented Imran Khan. To a court query, Amjad sought more time to conclude his arguments.

Meanwhile, Chief Justice of Pakistan Umer Ata Bandial Thursday said there would be no compromise on dispensation of justice and vowed to give decisions in accordance with the law and Constitution.

Heading a three-member bench — comprising Justice Sayyed Mazahir Ali Akbar Naqvi and Justice Jamal Khan Mandokhel — the chief justice heard PTI Chairman Imran Khan’s appeal challenging the August 4 order of the Islamabad High Court, rejecting his appeal seeking transfer of the Toshakhana reference to another court.

The court again adjourned the hearing with the ruling that after the decision of the Islamabad High Court, the case would be taken up for hearing.

The apex court directed the attorney general to file a report by August 28 on the conditions the PTI chairman was facing in jail.

“The counsel for petitioner Sardar Latif Khan Khosa informed the court that the proceedings were in progress before the high court and it would be appropriate to await its order before proceeding further on the petitions,” the court noted down in its order.

“Meanwhile, the learned attorney general for Pakistan shall file a report on the living conditions of the petitioner Crl P No.921/2023 etc 2 in jail by 28.08.2023 for perusal by Members of the Bench in Chambers,” the order said and the matter was adjourned.

The Supreme Court the other day adjourned Imran’s appeal for 2pm Thursday and held that it would wait for the decision of the Islamabad High Court. “Out of respect to the high court, we wait for the decision of the learned high court and we will hear the matter today (Thursday) at 1pm,” Chief Justice Umer Ata Bandial noted down in the order.

The chief justice observed that the trial court had made mistakes in its verdict while convicting former prime minister in the Toshakhana reference and sending him to jail.

On Thursday, Chief Justice Umer Ata Bandial, while hearing the case, appreciated Chief Justice Islamabad High Court Justice Aamer Farooq for his efforts and said it would be better if the high court issued its verdict. The chief justice then asked if anyone from the attorney general’s office was present in the courtroom, as they wanted to know the jail conditions in which the PTI chief was living.

The chief justice said they would direct the authorities to submit a report on the facilities provided to the former premier.

Meanwhile, in pursuance of the court’s last order, Sardar Latif Khosa informed the court that he had argued before the Islamabad High Court in the appeal filed by his client, challenging his conviction in the Toshakhana case.

Addressing Khosa, the chief justice expressed the hope that the high court would give its decision on the points raised by the counsel.

Justice Jamal Khan Mandokhel asked the PTI counsel about the outcome of the High Court’s hearing in the matter to which Latif Khosa alleged the matter was being delayed.

Justice Mandokhel, however, told the counsel to refrain from blaming the judges saying the high court had not yet announced any order.

Khosa requested the court to issue an interim order. However, the chief justice told the counsel that the high court had not yet concluded the case; therefore, it would be appropriate to first wait for its order.

The chief justice observed that it was the beauty of the system that first a decision was made at the high court and then it came to the Supreme Court.

Later, the court adjourned the matter without giving any date. However, the court associate later on informed reporters that the matter had been adjourned for next week.

Meanwhile, PMLN Senior Vice President Maryam Nawaz Thursday said on X that PTI chief Imran Khan was being provided facilities in the jail that even his peers did not enjoy.

She was commenting on Chief Justice of Pakistan Umar Ata Bandial’s remarks in which he inquired about the amenities being provided to Imran.

She said the case against Imran was not political like the one lodged against PMLN Quaid Nawaz Sharif. She said Imran was not facing the conditions that thieves bore during detention.

“There is strong evidence against Khan to prove him guilty in corruption cases. Khan is a blue-eyed boy of CJP Bandial, and he got relief from the courts multiple times. Why did the chief justice remain silent when Khan was getting favors from courts?”