CJ IHC Aamer Farooq sets aside session court’s verdict declaring PTI Chairman’s Toshakhana reference ‘maintainable’
Orders Additional Sessions Judge (West) Islamabad Hamayoon Dilawar to decide the matter again after hearing the case anew
CJ IHC rejects Imran Khan’s request to transfer the case to another court
ISLAMABAD ( Web News )
The Islamabad High Court (IHC) on Friday set aside a session court’s verdict that had declared the Toshakhana reference filed by the Election Commission of Pakistan (ECP) against the PTI Chairman Imran Khan as maintainable for criminal proceedings.
IHC Chief Justice Aamer Farooq also ordered the Additional Sessions Judge (West) Islamabad Hamayoon Dilawar to decide the matter again after hearing the case anew. He further rejected the PTI chief’s appeal to transfer the case to another court and also issued a notice for next week on the appeal to restore the right of defence.
“The matter is remanded to the trial court for decision afresh,” said the detailed court order, adding that the IHC was informed that the case was fixed for final arguments for Friday.
“The petitioner shall ensure addressing of arguments positively on the issue when matter is fixed by court for final arguments. The trial court shall address the issues raised in the referred petitions while deciding the matter,” the order reads.
The court order also directed the Federal Investigation Agency (FIA) to inquire into the matter of certain alleged posts on the session judge’s Facebook account, involve everyone concerned in the matter and furnish a report to the IHC Deputy Registrar (Judicial) within a fortnight.
Meanwhile, the court has also rejected Pakistan Tehreek-e-Insaf Chairman (PTI) Imran Khan’s request to transfer the case to another court.
It also issued a notice on the application against the decision to reject the list of witnesses. “Additional Sessions Judge Humayun Dilawar will hear the case,” the verdict read.
The Supreme Court of Pakistan had earlier in the day dismissed the ex-prime minister’s petition against trial proceedings pertaining to the Toshakhana case following his withdrawal of the said plea.
The three-member bench hearing the case, led by Justice Yahya Khan Afridi and comprising Justice Hasan Azhar Rizvi and Justice Musarat Hilali, heard Khan’s petition against the Toshakhana case.
“The trial court cannot decide on the Toshakhana case until the final decision of the High Court,” the bench ruled.
Earlier this week, the apex court had turned away Imran Khan, asking him to await a verdict from the IHC.
“We believe that the high court can issue a better order than us. It is possible that it will give the order to stop the trial tomorrow,” he had said on Wednesday.
Under the rules governing Toshakhana — a Persian word meaning “treasure house” — government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.
The Toshakhana has been under a microscope ever since the emergence of the allegations that Khan purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.
The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).
The gifts included watches given by a royal family, according to government officials, who have alleged previously that Khan’s aides sold them in Dubai.
The gifts included seven wristwatches, six made by watchmaker Rolex, and the most expensive a “Master Graff limited edition” valued at 85 million Pakistani rupees ($385,000).
The election commission’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.
Under the rules governing Toshakhana — a Persian word meaning “treasure house” — government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.
The Toshakhana has been under a microscope ever since the emergence of the allegations that Khan purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.
The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).
The gifts included watches given by a royal family, according to government officials, who have alleged previously that Khan’s aides sold them in Dubai.
The gifts included seven wristwatches, six made by watchmaker Rolex, and the most expensive a “Master Graff limited edition” valued at 85 million Pakistani rupees ($385,000).
The election commission’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.