CJP Bandial forms bench to hear PTI chief's appeal against Toshakhana case proceedings

The Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday formed a three-member bench to hear Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s plea against the Toshakhana case proceedings, Aaj News reported.

The bench, led by the chief justice, will also include Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail.

The bench will begin hearing the appeal on August 23 (Wednesday).

The decision is particularly noteworthy because the Supreme Court recently rejected Imran Khan’s appeal against the Toshakhana case trial proceedings.

The Supreme Court had ruled earlier this month that the trial court could not reserve its verdict in the Toshakhana case until the Islamabad High Court (IHC) issued its ruling.

The top court dismissed Imran’s plea against trial proceedings after he withdrew the petition.

It is important to note that previously the IHC set aside the trial court’s verdict over the maintainability of the Toshakhana case against Imran Khan and remanded the matter to the trial court to decide it afresh. The bench also turned down Imran’s appeal to transfer the case to another court.

Imran Khan was sentenced to three years in prison by a district and sessions court earlier this month after being found guilty in the Toshakhana case.

Additional District and Sessions Judge (ADSJ) Humayun Dilawar ruled that charges against Imran in the case were proven, adding that the former PM “deliberately submitted fake details to the Election Commission of Pakistan and is found guilty of corrupt practices”.

After Judge Dilawar’s ruling, PTI filed an appeal in the Supreme Court over the district court case judgment.

Background

Last year in October, the Election Commission of Pakistan (ECP) disqualified Imran from his parliamentary membership for filing “false” and “incorrect declaration” in his statement of assets and liabilities for the year 2020-21 filed with the electoral entity.

Established in 1974, the Tosha­khana is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats, and officials by heads of other governments and states and foreign dignitaries.

Lawmakers from the ruling coalition had filed a reference last year against Imran, alleging that he had not shared details of the gifts he retained from the Toshakhana and proceeds from their reported sales.

This year in May, Additional Sessions Judge Humayun Dilawar indicted Imran in the case and rejected his petition challenging the maintainability of the reference.

The PTI chairman then moved the IHC, which sent the case back to the trial court for re-examination.

Following the IHC ruling, Imran moved the SC and urged the apex court to set aside the high court’s directive.