ISLAMABAD: Islamabad High Court (IHC) rejected Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his spouse Bushra Bibi’s counsel’s plea to issue stay order on the trial proceedings of Toshakhana-II reference.
A single bench of Justice Inaam Ameen Minhas on Thursday heard Imran Khan and Bushra Bibi’s petition seeking acquittal in Toshakhana-II case.
At the outset, Barrister Salman Safdar, representing the petitioners requested to issue a stay order on the trial proceedings against the couple.
Justice Minhas responded that there were no legal precedents to issue a stay order on criminal proceedings at this stage. He said he would issue a notice on the lawyer’s request as well as hear the representatives of the other respondents once they appeared before the court.
The petitioners have assailed the order dated 14.11.2024, passed by the Senior Special Judge, Central, Islamabad, whereby, petition filed by them under Section 249-A, CrPC (for acquittal) has been dismissed.
Salman contended that no offence is made out against the petitioner as clause 1 of the Toshakhana Rules does not specify any basis for criminal action; that there is no evidence against the petitioner; that charge against the petitioner is groundless and the prosecution’s entire case is dependent upon five approvers, whose testimony is not reliable.
He added that Special Judge is conducting trial in hasty manner, which would cause serious prejudice to the petitioners’ case and is violation of fundamental rights guaranteed under the Constitution. He contended that case against the petitioners have been registered in clear violation of Article 13(a) of the Constitution and Section 403, CrPC.
He submitted that the impugned order has been passed without applying judicial mind. The petitioners are also aggrieved by the conduct of the investigating agency, who are prolonging the legal process and the petitioners’ incarceration without any basis.
After hearing the arguments, the bench issued pre-admission notice to the respondents and deferred hearing until January 28.
At one point during the proceedings, Barrister Safdar also requested the court that the acquittal pleas be heard by another bench. Recalling that Justice Miangul Hassan Aurangzeb had heard “five applications related to the case”, the lawyer requested that the case be transferred to him.
However, Justice Minhas said the cases heard previously were bail pleas while this was a separate matter. He added that this court will hear the case and you should present arguments on the merits of the case.
Copyright Business Recorder, 2025
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