IHC voids trial court’s ruling in Toshakhana case against PTI chief

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ISLAMABAD , July 4, 2023: The Islamabad High Court (IHC) on Tuesday nullified the decision of the trial court that had turned down the Pakistan Tehreek-e-Insaf (PTI) chairman’s plea challenging the admissibility of Toshakhana case.

IHC Chief Justice Aamer Farooq announced the verdict reserved on June 23 after hearing arguments on the petition of the former prime minister against the trial court’s ruling.

The chief justice sent the matter back to the trial court, ordering it to again hear the arguments of the PTI. He gave the trial court seven days to decide on the PTI chairman’s plea in the Toshakhana case.

The petition had been filed after the PTI chief was indicted in the case on May 10. Two days after the high court had stopped criminal proceedings in the Toshakhana case.

On May 5, Islamabad’s Additional Sessions Judge Humayun Dilawar had announced that charges will be framed against the PTI chairman on May 10 in the Toshakhana case.

During the hearing, the former PM’s lawyer had argued on two pleas stating that the ECP’s petition was “non-maintainable” and that the sessions court did not have the jurisdiction to hear the matter.

However, the judge rejected both the requests and summoned the PTI chief in person for the indictment.

On May 10, Judge Humayun Dilawar indicted him during court proceedings that were held at the guest house of the Police Lines headquarters at H-11.

For security reasons, the commissioner’s office had given the status of court to the Police Lines. When the court indicted him in the Toshakhana case, he refused to sign the documents while denying the committing of crime.

The Case

Last year, a reference was filed against him by lawmakers from the ruling coalition accusing him of not sharing the details of gifts he retained from Toshakhana in his assets declarations and the Election Commission of Pakistan (ECP) had concluded in October last year that the PTI chief filed false statements regarding the gifts.

The electoral watchdog subsequently disqualified him for being dishonest and corrupt and approached the district and sessions court seeking criminal proceedings against the PTI chief for allegedly misleading officials about the gifts.