Islamabad (Web Desk): The Islamabad High Court (IHC) on Monday reserved the verdict on Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan's petition challenging his conviction in Toshakana case.
According to reports, the court will announce the reserved verdict tomorrow (Tuesday) at 11am.
A two-member bench of the IHC comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri is hearing the case.
Earlier, the court resumed hearing on PTI chief's plea seeking suspension of sentence by the trial court’ in Toshakhana case.
Election Commission of Pakistan’s (ECP) counsel Amjad Pervaiz, who could not appear in the previous hearing due to illness, presented his arguments before the court.
In his remarks CJ IHC Justice amer Farooq remarked that the bench hopes to issue the verdict on the plea seeking annulment of the sentence today, prompting the ECP lawyer to ask whether he should proceed with arguments given this observation.
"I said that the plea seeking annulment of sentence will be decided today," repeated CJ Farooq.
Beginning arguments, the ECP lawyer said that it is necessary to first issue a notice to the public prosecutor.
At this, Justice Aamer Farooq observed that the case was filed by the federal electoral body and not the state.
"You did not bring this up before the trial court. This is the first time you are mentioning this," he remarked.
Amjad Pervaiz also referred to the Rahul Gandhi case, saying that the Indian politician was sentenced to two years in the private complaint case. The Indian National Congress leader challenged the verdict and the court dismissed his plea.
The ECP lawyer also referred to other past verdicts, including the Zahoor Elahi case, and argued that the hearing on the appeal could not proceed without notifying the government.
The attendance of three lawyers is marked in all such cases, said advocate Pervez, mentioning the defence, prosecution, and state counsels.
Regarding maintainability and the matter of the district court holding a direct hearing, the ECP lawyer argued that "The trial of any crime committed under the Pakistan Penal Code (PPC) is conducted under the CrPC," he said, contending that no complaint regarding corrupt practices or corruption has been heard by a judicial magistrate in the past 50 years more or less.
The lawyer maintained that the trial has to be held by a court regardless of whether the complaint was filed under a magistrate or directly. Arguing on the objections raised by the PTI chief in his appeal, the ECP lawyer said that "They argue that the complaint did not come to the session court after being heard by the magistrate but the jurisdiction is still the session court's".
He asked whether Imran's legal team could present "one judgment where the complaint reached the court after being heard by a magistrate".
The ECP's lawyer stated that he had referred to 14 past verdicts in his arguments thus far and requested a 15 minute recess, which the bench permitted.
Later the court resumed the hearing and Advocate Pervez continued his arguments.
During the proceeding PTI lawyer Latif Khosa informed the court that he did not have any objection to the ECP's request to make the state party to the case.
Subsequently, the bench reserved the verdict and adjourned the hearing.
During the last hearing, PTI lawyer Latif Khosa completed his arguments.
CJ Aamer Farooq said had said that the request for suspension of sentence was now at a critical stage.
“The arguments would have been completed in 15 to 20 minutes’, the IHC CJ said, adding that the bench can also do what the trial court did, but we will not.
The PTI has criticised the trial court’s verdict saying that the decision was announced in haste in the absence of the party chief and his lawyer.
Justice Amer had said that the hearing was being adjourned till Monday and we will announce the decision even if no one comes.
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 shifted to Attock Jail.
