Toshakhana reference: IHC annoyed with PTI for challenging same case in two courts

ISLAMABAD: The Islamabad High Court (IHC) on Thursday expressed its annoyance with the Pakistan Tehreek-e-Insaf (PTI) for challenging the same case of Toshakhana reference in two courts.

A single bench of Chief Justice Aamer Farooq heard a petition filed by PTI Chairman Imran Khan challenging the Election Commission of Pakistan’s (ECP) verdict in the Toshakhana reference.

During the hearing, Barrister Gohar said that Barrister Ali Zafar, the main counsel in the petition could not appear before the bench due to his engagements in the Lahore High Court (LHC). Therefore, he prayed the court to adjourn the case until next week.

The IHC bench was also informed that the PTI had moved an identical case in the LHC and it did not inform the bench about it. But, Barrister Gohar said that they had challenged the ECP’s notice dated December 7.

The IHC chief justice remarked that the petitioner could not challenge the notice at two forums at the same time and asked the lawyer to withdraw the case. He remarked that it was understandable if this was done by a young lawyer but Barrister Ali Zafar was a senior one. The PTI’s counsel said Barrister Ali Zafar would give arguments on this point on the next hearing.

Justice Aamer said that it was not an appropriate act.

Later, the court deferred the hearing till January 25 for further proceedings.

In the last hearing, Ali Zafar had submitted that it is bizarre that the ECP disqualified him for the assets that he legally purchased and lawfully sold. He argued that Imran Khan was elected as MNA from NA-95 Mianwali in July 2018 but, through an illegal order of ECP dated 21/10/2022, ECP disqualified him from this seat under Article 63(1)(p) of the Constitution. The decision of the speaker to send the reference and order of the ECP is unconstitutional and void ab initio, he submitted.

Copyright Business Recorder, 2023