IHC to resume hearing of IK’s plea against conviction in Toshakhana case today

ISLAMABAD: The Islamabad High Court (IHC) will resume hearing of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s appeal against his conviction in the Toshakhana criminal case today (Tuesday).

A division bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq and Justice Tariq Mahmood Jahangiri will hear the appeal, wherein, the notices have already been issued to the respondents. The bench has also sought the case record from the trial court.

In his petition, Imran Khan has expressed dissatisfaction over the Additional Sessions Judge, Islamabad (West) order of August 5, whereby, he was convicted under Article 174 of the Election Act, 2017 to three years in jail and Rs100,000 fine or in default thereof to six months in jail. He added that the said impugned order is not sustainable and is liable to be set aside.

The petitioner has submitted that the impugned judgement has been passed “with a pre-disposed mind” of the learned trial judge to convict and sentence the appellant irrespective of the merits of the case. They stated that the impugned judgement has been passed without providing proper or adequate opportunity of hearing to the appellant.

Imran Khan’s counsels have argued in the petition that the very pronouncement of judgement in the absence of the appellant and without marking the presence of the appellant’s counsel is illegal and in violation of the explicit provisions of the law.

They added that the subsequent arrest of the appellant from his residence in Lahore minutes after the pronouncement of judgement by the learned trial court, when even a warrant to procure his arrest could not have conceivably been issued from Islamabad, also betrays the orchestrated conviction and arrest of the appellant on 05.08.2023.

They concluded that for all the foregoing reasons it is most respectfully prayed that the high court may graciously be pleased to set aside the impugned judgement dated 05.08.2023, and declare the conviction, sentence imposed upon the appellant to be illegal and without lawful authority and to acquit the appellant of the charges framed against him.