ISLAMABAD: The Islamabad High Court (IHC), Friday, issued stay orders against indictment proceedings against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in Toshakhana (gift depository) case.
A single bench of Chief Justice Aamer Farooq heard different petitions including that for seeking stay orders filed by Imran in this matter. He also filed a petition challenging the maintainability of criminal proceedings against him in the Toshakhana case filed by the Election Commission of Pakistan (ECP).
Besides staying the proceedings, the IHC chief justice also issued notices to the ECP and other respondents and deferred the hearing till June 8.
Imran indicted in Toshakhana case
Additional Sessions Judge Humayun Dilawar on May 10 indicted the PTI chief, rejecting objections raised by Imran’s lawyers who had boycotted the proceedings.
The Election Commission of Pakistan (ECP) had filed a complaint in the lower court seeking proceedings under criminal law for not disclosing information related to the gifts the former prime minister received during his time in office.
During the hearing, advocate Khawaja Haris, representing the PTI chief, argued that the complaint against his client was submitted by a district election commissioner and not by a competent authority.
He added that the ECP did not submit a letter to appoint someone as competent authority. He added that the ECP only asked its office to file a complaint and the complaint filed without the competent authority cannot be heard. He maintained that he is relying on the documents provided with the record by the prosecution.
He contended that the complaints cannot be sent for criminal action after the prescribed time of 120 days. He told the bench that the issue had been raised before the trial court, as well; however, the judge had said that they will address it during the evidence stage.
Haris submitted that his argument is that no further action can be taken on the complaint. He said that they are objecting to whatever is on record. He added that the matter of criminal proceedings should first go to the magistrate and then to the sessions court.
He further said that the complaint has to be first filed with the magistrate and then he has to record the opening statement and send it to the sessions’ court.
After hearing the arguments, the IHC CJ issued notices to the respondents and adjourned the hearing.
Copyright Business Recorder, 2023