ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, Thursday, moved the Islamabad High Court (IHC) seeking suspension of the trial court’s verdict in the Toshakhana case.
The PTI chairman moved the petition through his advocate Sardar Latif Khosa also pleaded to suspend the Election Commission of Pakistan (ECP)’s order declaring him ineligible for contesting elections after being convicted in the Toshakhana case.
In the petition, he prayed to the court that instant application may be allowed and while exercising the powers under Section 561-4 CPC the omission of not recording the contention of the learned counsel for the petitioner with regard to the suspension of the impugned judgment dated 05.08.2023 may be rectified and “in consequence whereof, operation of impugned judgment dated 05.08.2823 may very graciously be ordered to be suspended/stayed till final decision of the appeal in the interest of justice.”
He also prayed that the petitioner may be allowed to array/implead “The State” as party/respondent No2 in the memo of appeal and he may also be allowed to file an amended memo of appeal accordingly.
In the plea, the counsel contended that they had requested the IHC to completely suspend the trial court verdict that had convicted his client in the Toshakhana case. However, he added that the IHC in its August 28 verdict only suspended the sentence of the PTI chief and not the trial court order.
He contended, “That it is settled principle of law that inherent powers of High Court are very wide and undefinable. High Court can make all such orders to do real and substantial justice and it is a fit case to exercise the powers under Section 561-A Cr.P.C. as the omission in not recording the contentions of the learned counsel for the applicant/appellant at the bar praying for suspension of the impugned order dated 05.08.2023 and subsequent non mentioning of the same in the order dated 28.08.2023 is an omission floating on the face of the order.”
The petition further contended that Khan’s “rights” faced “serious prejudice” because of the non-suspension of the trial court verdict as the ECP barred him from contesting elections.
It added, “However, the same has caused serious prejudice to the rights of the applicant/appellant as he has been disqualified from contesting election by the ECP’s Notification dated 08.08.2023 on the basis of the impugned order of conviction /sentence, hence, the interest of justice demands that the omission stated heretofore may be rectified by exercising the powers under Section 561-A CrPC. and the operation of impugned order may very graciously be ordered to be suspended/stayed till final decision of the appeal.”
The petition further stated that the disqualification order by the ECP was issued in “haste” despite the conviction not attaining “finality.”
Copyright Business Recorder, 2023
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