No relief for PTI chairman as SC rejects plea to stay Toshakhana trial
Pakistan
"Let the Islamabad High Court to decide on the case first," remarks Justice Yahya
ISLAMABAD (Dunya News) – The Supreme Court on Wednesday rejected a petition filed by the Pakistan Tehreek-e-Insaf (PTI) chairman seeking an immediate stay order against his trial in the Toshakhana case.
A three-member bench, headed by Justice Yahya Afridi and comprising Justice Mazahar Ali Akbar Naqvi and Justice Musarrat Hilali, heard the petition filed by for the second time against the case.
Justice Yahya remarked, “Let the Islamabad High Court to decide on the case first”. At which, PTI lawyer Khawaja Harris said they had moved the apex court after the IHC did not issue the stay order.
The judge said the court had provided the PTI chief relief, what he was seeking for, in its previous order, adding that he was surprised that “you have again approached the court”.
“When will the case be heard by the IHC?” he questioned. The PTI lawyer replied the high court would take up the case tomorrow (Aug 3). Justice Yahya remarked the PTI chief might get the desired relief from the high court.
Later, the bench issued a notice to the Election Commission of Pakistan and adjourned the case till August 4.
In the petition, the PTI chief had argued that the proceedings should be halted until the Islamabad High Court (IHC) announces its ruling on the jurisdiction of the trial court. He cited a previous decision of the top court that says the jurisdiction of the court must be decided first.
This is the second time the PTI chief has moved the apex court against the Toshakhana case. Last week, a two-member bench, headed by Justice Yahya Afridi, had turned down a petition filed by him seeking an order to restrain trial in the Toshakhana case.
The bench had sent the case back to the Islamabad High Court (IHC) to re-examine it.
The former prime minister had petitioned the apex court against the IHC's directive to the trial court that had asked for a re-examination of the maintainability of the Toshakhana case within a week.
On May 10, the PTI chief was indicted in the case by Additional District and Sessions Judge Humayun Dilawar who dismissed objections to the admissibility of the case.
On July 4, the IHC nullified the decision of the trial court that had turned down the Pakistan Tehreek-e-Insaf (PTI) chairman’s plea challenging the admissibility of the Toshakhana case.
IHC Chief Justice Aamer Farooq announced the verdict reserved on June 23 after hearing arguments on the petition of the former prime minister against the trial court’s ruling. The chief justice sent the matter back to the trial court, ordering it to again hear the arguments of the PTI. He gave the trial court seven days to decide the PTI chairman's plea in the Toshakhana case.
The petition had been filed after the PTI chief was indicted in the case on May 10 - two days after the high court had stopped criminal proceedings in the case.
The Case
Last year, a reference was filed against him by lawmakers from the ruling coalition accusing him of not sharing the details of gifts he retained from Toshakhana in his assets declarations and the Election Commission of Pakistan (ECP) had concluded in October last year that the PTI chief filed false statements regarding the gifts.
The electoral watchdog subsequently disqualified him for being dishonest and corrupt and approached the district and sessions court seeking criminal proceedings against the PTI chief for allegedly misleading officials about the gifts.
