Toshakhana case: SC to hear IK’s plea against IHC’s order refusing to halt proceeding

ISLAMABAD: The Supreme Court will hear Pakistan Tehreek-e-Insaf (PTI) chairman’s petition against the Islamabad High Court (IHC)’s order refusing to halt the proceeding before the District and Sessions Court, Islamabad in Toshakhana case today (Wednesday).

A three-judge bench, headed by Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Musarrat Hilali will take up the matter.

A two-judge bench of SC on July 26 while disposing of Imran Khan’s petition against the IHC said; “We are sanguine that the High Court would, in the interest of justice, take up and decide along with Cr R No108 of 2023 the two connected criminal revision petitions relating to jurisdiction and the transfer application.”

However, a single bench of Chief Justice IHC Aamir Farooq on July 27, after hearing the arguments of the petitioners’ lawyers directed the Court’s office to fix all petitions including challenging the admissibility of Toshakhana case, transfer of case to another judge, and challenging the jurisdiction of the trial court, but neither accepted nor rejected Imran Khan’s request to stay trial court proceeding in Toshakhana case. Now the IHC chief justice will hear the petitions tomorrow (Thursday).

Despite approaching the IHC twice, Imran could not get relief in the case pertaining to the concealment of details regarding state gifts.

In his petition before the apex court, the PTI chief has appealed to stay the recording of his statement under Section 342 of CrPC. It contends that the trial, ongoing before District and Sessions Judge Humayun Dilawar, should be halted till the IHC issues its final decision on the matter.

A decision on the jurisdiction of the court was necessary before the trial could proceed, the petition added.

Copyright Business Recorder, 2023