ISLAMABAD: A trial court in Islamabad has rejected polls supervisory authority’s request for summary trial of PTI Chief Imran Khan in Toshakhana gift repository case, noting that Election Commission of Pakistan (ECP) is not authorised to give directions to sessions court.

Islamabad West Additional Sessions Judge Zafar Iqbal issued four-page written order after hearing arguments of both parties.

Imran’s counsels Khawaja Haris and Faisal Chaudhry and ECP’s counsels Saad Hassan and Amzad Pervez.

Court noted that summary trials are conducted by magistrate in specific offenses. “Whereas complaint under Section 90 of Election Act, 2017 is triable by court of sessions for offenses punishable under Section 174 of act which entails punishment up to three-year or fine or both.” It said offences under Section 167 and 173 of act do not fall in section 260 of Code of Criminal Procedure (CrPC).

“ECP may direct summary trial under Section 190(3) of Election Act, 2017 for other offences mentions in Chapter X [of act] but is not authorised to give direction to session court for summary trial of complaint pending in court,”

order said. ECP on November 22, 2022 sent Toshakhana reference to trial court for initiating criminal proceedings against PTI Chairman Imran Khan under sections 137, 170 and 167 of Election Act, 2017.

Published in The Daily National Courier, April, 12 2023

Like Business on Facebook, follow @DailyNCourier on Twitter to stay informed and join in the conversation.