The Islamabad High Court (IHC) on Friday set aside the Sessions court’s decision to declare the Toshakhana case as maintainable.
The Islamabad High Court rejected Pakistan Tehreek-e-Insaf (PTI) chairman’s plea seeking transfer of Toshakhana case to another court.
In the Toshakhana case, the Sessions court had ordered PTI Chairman Imran Khan to ensure attendance till 3 pm.
Judge Humayoun Dilawar is hearing the Toshakhana criminal case in the District and Sessions Court Islamabad.
A case is going on against Imran Khan regarding receiving gifts from Toshakhana. The Chairman PTI had filed several petitions in the Islamabad High Court (IHC) regarding the Toshakhana case.
It may also be recalled that the PTI chairman had also filed an appeal in the Supreme Court against the Toshakhana case, which was disposed of by the Supreme Court today. The Supreme Court, while disposing of Imran Khan’s appeal, said that the trial court cannot decide the Toshakhana case until the final decision of the High Court.
During the hearing held in the Sessions Court of Islamabad today, PTI Chairman’s lawyer said that the Supreme Court has ruled that the Sessions court cannot issue a decision. The lawyer said, “Wait for the decisions of the Islamabad High Court, what is the hurry.” Judge Humayoun Dilawar said, “Yes, of course! The court is in a hurry.”
Judge Humayoun Dilawar, while expressing anger over the PTI lawyer, remarked, “Lawyers have filed a writ of haste, your behavior is unprofessional, you are also criticizing the court like Khawaja Haris.”
The judge said that Mirza Asim Baig’s name should be checked, if the name is not included in the advocacy letter, then ban him from entering the court room. Earlier, Asim Baig had said that the lawyer of the Election Commission took an hour to argue on the assets.
Judge Humayoun Dilawar said that if seen, the matter of arguments is not more than one and a half hours.
Lawyer’s conversation with judge regarding judicial time:
During the hearing, PTI lawyer Niazullah Niazi said that my Friday prayers were left due to the court, the time of the courts on Friday is till 12:30. On which the judge said that everyone knows that the time of the court is till 12:30, you tell what the orders of the High Court are.
Niazullah Niazi said that you know me for 32 years; we have never cheated the court, why this case is being run so fast. Judge Humayoun Dilawar replied, “If you are clean, then what is the problem?” Niazullah Niazi said that the nation has become aware of what is going to happen next. The judge said that you have given this awareness.
Earlier, when the hearing of the Toshakhana criminal case started this morning, The Election Commission’s lawyer Amjad Pervaiz appeared in the court. Advocate Niazullah Niazi, appearing for the PTI chairman, reached the court. The court directed the election commission’s counsel to start arguments.
Lawyer Niazullah Niazi said that our cases are fixed in the Supreme Court and the High Court, we request that we wait for the orders of the High Court and the Supreme Court.
Judge Humayoun Dilawar said that today’s time was given by the Election Commission to give its arguments, Khawaja Haris has the will to argue or not.
The lawyer said that we will argue, but nab has filed a case in the Supreme Court and the High Court.
After the court’s direction, Election Commission’s lawyer Amjad Pervaiz started the arguments.
Amjad Pervaiz said that all the documents were submitted by the accused with his signature, there is no question of their acceptability.
He said that the fact was also acknowledged that the reference was sent from the birth of the Speaker of the National Assembly, the gifts of the Toshakhana were neither denied nor acknowledged and it was said that it was part of the record.
Amjad Pervaiz said that gifts taken from Toshakhana and challan deposited in the national treasury are also part of the record, the matter of identification of gifts is before the court.
The lawyer told the court that the prime minister and his wife received 58 gifts, the value of 14 gifts was more than Rs 30,000, according to which four gifts worth Rs2,16,64,600 were purchased.
Amjad Pervaiz told the court that watches, cufflinks, a ring, Rolex watches, and iPhone were among the gifts. The election commission’s lawyer said that nothing was written in the jewelry column in Form B, no word of the valuable item is present in Form B. Amjad Pervaiz said that the gifts of 2018-19 were taken by paying 20 percent.
Judge Humayoun Dilawar remarked that come to the year 2021 in which it is alleged that wrong assets were disclosed.
Amjad Pervaiz said that there is no mention of precious gifts in the law, there is a word of jewelry which has not been written.
The judge said that according to the documents of the CHAIRMAN PTI, did he take any jewellery in 2020-21?
To which the Counsel for the Election Commission replied that there are five gifts in 2020-21.
“Isn’t Rolex watch, cufflinks, watch, necklace, bracelet jewelry?” the lawyer questioned. “I can’t believe that the PTI chairman doesn’t have a car or jewelry.
The lawyer further said that the PTI chairman had only four goats in four years, what is to be believed?
After the completion of final arguments of Election Commission lawyer Amjad Pervaiz, the hearing of the Toshakhana case was adjourned till 11:30 pm.
Judge’s lawyer speaks to PTI:
Addressing PTI’s lawyer before the break in the hearing, Judge Humayoun Dilawar said that today is the last day of final arguments, you should know that today all the arguments will be locked. The judge further said that you are young; it would have been a pleasure to see you, Khawaja Haris will come and then punching.
It should be noted that in the Toshakhana case, the court had approved Imran Khan’s application for exemption from appearance yesterday.
The Islamabad High Court (IHC) on Monday adjourned the proceedings in the Toshakhana criminal case three times due to the busy schedule of PTI chairman’s senior lawyer Khawaja Haris in the Islamabad High Court (IHC).
When the hearing resumed after the break, PTI lawyer Mirza Asim Baig appeared in the court and informed the Sessions court about the decision of the appeal filed in the Supreme Court against the Toshakhana case.