Toshakhana case: IHC declares session court's order on maintainability 'illegal'
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ISLAMABAD: The Islamabad High Court (IHC) Friday ruled that a session court's order on the Toshakhana case's maintainability was "illegal", ordering the lower court to rehear the case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan.
IHC Chief Justice Amir Farooq gave the court's ruling on eight petitions of the PTI chairman after arguments by both parties — which were completed yesterday while the judgment was reserved.
According to the IHC, the decision of the sessions court to declare the Toshakhana case admissible was "illegal" and the lower court should hear again before coming to a verdict.
The court, however, rejected the PTI chairman's request to transfer the case to another court and said that Additional Sessions Judge Humayun Dilawar would hear the case.
The IHC today also issued a notice against the court's decision to reject the list of witnesses.
On October 21, 2022, the Election Commission of Pakistan maintained that the former prime minister made “false statements and incorrect declarations” about the gifts and disqualified him under Article 63(1)(p) of the Constitution.
Subsequently, the election watchdog moved the sessions court to the federal capital. It sought criminal proceedings against the PTI chief for allegedly misleading the ECP regarding gifts received from foreign dignitaries while he was in office.
The PTI chairman was indicted in the case on May 10, while his petition to declare the case inadmissible was rejected by the court.
On July 4, the IHC overturned the same ruling and directed the sessions court to hear the petitioner and decide the matter within seven days.
On July 8, ADSJ Humayun Dilawar declared the Toshakhana case against Khan as maintainable, which was again challenged in the IHC.
Meanwhile, the trial continued at the court and was about to conclude soon.
During the proceedings, Khan’s lawyers also accused the presiding judge of bias on the basis of his Facebook posts and sought the transfer of the case.
On August 2, the trial court also rejected the PTI chairman’s witnesses, stating that he failed to prove their “relevance” in the criminal proceedings against him. It was also challenged in the high court.
