‘What trial court did it was wrong but we could not repeat it’, observes IHC CJ Aamer Farooq in Toshakna case
Says two wrongs do not make one right
Chairman PTI’s counsel Latif Khosa leaves rostrum in protest saying he will not appear on Monday
ISLAMABAD ( Web News )
Islamabad High Court (IHC) Chief Justice Aamer Farooq on Friday observed that the trial court, which convicted former prime minister and Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in Toshakahna case, “did wrong”. Chief Justice IHC Aamer Farooq said that two wrongs do not make one right, adding that what trial court did it was wrong but we could not repeat it. Chief Justice IHC said that if the ECP lawyer will not come on Monday then we will decide the matter on the available record.
The judge’s remarks came during the hearing of the PTI chief’s appeal challenging the Toshakhana verdict, which sentenced him to three-year in prison and imposed a fine of Rs100,000 earlier this month.
Two-member IHC bench comprising CJ a Aamir Farooq and Justice Tariq Mehmood Jahangiri heard the plea seeking suspension of Imran Khan’s conviction by the trial court’s Additional District and Sessions Judge (ADSJ) Humayun Dilawar.
At the outset of the hearing, Muhammad Amjad Pervaiz’s assistant lawyer Muhammad Shairf Janjua informed the court, “Amjad Pervaiz is extremely unwell and facing dehyderation and high fever, which is why I have appeared.”
At this, Justice Farooq remarked, “A matter of bail is underway. This (failing to appear) is wrong.”
The assistant lawyer then replied that “such a situation can occur with anyone”, to which Imran Khan,s counsel Sardar Latif Khan Khosa responded, “No, this cannot happen with anyone. I was unwell yesterday but I still appeared.”
The chief justice observed, “These are extremely wrong moves. Arguments have to be presented just for a total of 15 or 20 minutes and he had to reply our two or three questions.”
Latif Khosa then said, “He is also a senior lawyer and has the Power of Attorney as well. The election commission’s own lawyers are present.
“We only have to assist. About the rest, you are answerable to God. A man is inside [the jail] for the past 20 days,” he said while addressing the chief justice.
Chief justice said that the liberty of someone is at stake.
The court then noted that the division bench does not hear cases on Friday but had come to the court only for this case.
Addressing the court, Latif Khosa said, “You can do what you want then. I will not appear in your court. You are not even ready for suspending the sentence.
“Life and death is in God’s hands. They (the ECP) are asking for [another] three days of an incarcerated man’s life,” he added.
The lawyer further said, “For God’s sake, do not make this institution such that your subordinates do not listen to you.”
Here, Justice Farooq observed, “What the trial court did was wrong.” Justice Amir Farooq remarked that the matter is also in the Supreme Court and in continuity part heard matter is continued.
Latif Khosa argued, “The Supreme Court has said that there are defects in this case. You can make a decision as you want.”
The chief justice noted, “We will adjourn this case till Monday and even if no one appears, we will decide on it [that day].”
Imran Khan’s lawyer asked, “Then, will you keep PTI chairman behind the bars for another three days?”
Latif Khosa then left the rostrum in protest, saying, ““Then we will not appear before the court. You can do what you want.”
Subsequently, the IHC accepted the ECP lawyer’s plea and adjourned the hearing till Monday (August 28).
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.
Moreover, seven wristwatches, six made by watchmaker Rolex, and the most expensive a “Master Graff limited edition” valued at 85 million Pakistani rupees ($385,000), was also among the gifts.
A reference was forwarded by National Assembly Speaker Raja Pervez Ashraf to the Election Commission asking it to probe the matter.
In October 2022, the electoral body also declared the former premier guilty of corrupt practices and filed a complaint in an Islamabad court.