Islamabad (Web Desk): The Islamabad High Court (IHC) on Thursday adjourned hearing of a petition, filed by Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan, against his conviction and imprisonment in Toshakhana case till 11: 30am tomorrow (Friday).
Two-member IHC bench comprising Chief Justice Aamer Farooq and Tariq Memhmood Jahangiri conducted the hearing on the petition.
Advocate Latif Khosa represented the former premier as lawyer Khawaja Haris separated himself from the PTI chief's legal team in the IHC.
Meanwhile, Advocates Salman Akram Raja, Babar Awan, Sher Afzal Marwat, Shoaib Shaheen, Barrister Ali Zafar and Barrister Ali Gohar apart from two dozen lawyers appeared on behalf of the PTI chief in the court.
The election commission was represented by Amjad Pervaiz.
At the outset of the hearing, Advocate Latif Khosa contended that there were three grounds pertaining to the suspension of a sentence. “One is a short sentence,” he said. “The second is about the jurisdiction of the court.”
He maintained that a sessions court did not have the jurisdiction to hear ECP’s appeal. “It should have sorted out the jurisdiction problem first.”
"According to the definition of the election commission, the body comprises the ECP chief and its members. As per the law, the ECP has the right to let any of its employees file a complaint," the PTI's counsel said.
The lawyer reiterated that the case was authorised by the election commission secretary.
"The authorisation by the election commission bears the signatures of the ECP secretary," Khosa said.
He added that the sessions court announced the verdict without deciding the matter related to the jurisdiction and authorisation.
"The trial court even overlooked the high court’s order and that the trial court’s decision had a lot of mistakes," the lawyer said.
He said that the IHC accepted PTI's appeal in the face of the trial court order and had sent the case back to the trial court for a decision.
The lawyer maintained that the high court ordered the trial court to answer the questions raised by the defence in its decision.
“The trial court even ignored the orders of the high court,” Kosa said, arguing that a sessions judge cannot hear the ECP's appeal.
The PTI's lawyer spoke about various Supreme Court decisions used as a precedent in this regard.
Khosa pointed out “flaws” in the trial court's verdict and added that the petitioner’s constitutional rights were violated as he was not allowed to present witnesses in his defence before the court.
Adding to the discussion, ECP counsel Amjad Parvez pointed out that the PTI chief had been convicted on August 5, as documented. He highlighted, “The decision was subsequently contested in the high court on August 8.”
The ECP's lawyer said that the defendant had now taken the matter to the top court, challenging the verdict from the IHC. He observed, “This places the IHC’s division bench in a position between the trial court and the apex court, somewhat akin to a sandwich.”
Amjad Parvez underlined that the trial bench decisions of the top court were part of the official record and were still actionable. He clarified that the top court’s ruling had neither been reviewed nor contested.
When inquired about the estimated time needed to conclude his arguments in the case, the ECP's lawyer told the court that that his arguments would require approximately three hours.
The PTI lawyer however, noted that it was unprecedented for a case related to bail to consume three hours in court.
Subsequently, the hearing was adjourned till 11am on Friday.
On Wednesday, the Supreme Court (SC) had acknowledged “procedural defects” in PTI chief's conviction by the trial court, but had opted to wait for the IHC's decision on the former premier's plea seeking suspension of jail sentence.
Chief Justice of Pakistan (CJP) Umar Ata Bandial had observes that there were prima facie shortcomings in the trial court verdict in the Toshakhana case.
"But we will not intervene at this stage, and will wait for the outcome of the high IHC decision,” the CJP observed and before adjourning the proceedings to later today at 2pm.
Imran Khan was arrested on August 5 after a after an Islamabad trial court declared him guilty of “corrupt practices” in the Toshakhana case.
He was awarded a three-year jail term by Additional District and Sessions Judge (ADSJ) Humayun Dilawar, in the case filed by the Election Commission of Pakistan (ECP) for allegedly concealing Toshakhana gifts he had retained.
Later, the former had moved the IHC, through his lawyers, against the trial court’s August 5 verdict, saying that the said order was “liable to be set aside” as it was passed “with the pre-disposed mind”.
“This appeal is directed against judgment dated 05.08.2023, whereby the appellant was tried in complaint filed by the Election Commission of Pakistan under section 190 of the Election Act, 2017, was convicted and awarded three (03) years imprisonment along with fine of Rs100,000.
“Notice to the respondent. Office is directed to requisition the record of the learned Trial Court,” the order reads.
After his arrest, Imran Khan was taken to Attock Jail where, according to his lawyers, he was being provided “C-class facilities”.
