Supreme Court dismisses Imran Khan’s petition seeking stay on Toshakhana trial

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The Supreme Court (SC) has dismissed a petition filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan seeking a stay on the trial of the Toshakhana criminal case.

The Supreme Court directed the Islamabad High Court (IHC) to simultaneously decide on Imran Khan’s petitions regarding the jurisdiction of the trial court and objections to Judge Humayoun Dilawar.

Imran Khan had challenged the Islamabad High Court’s order against the trial court’s decision in the Supreme Court.

Earlier in the day, Chief Justice Umar Ata Bandial constituted a two-member bench of the Supreme Court to hear Imran Khan’s appeal.

A bench of Justice Yahya Afridi and Justice Musarrat Hilali heard the case.

At the outset, Justice Yahya Khan Afridi said that it would be appropriate to call the parties as well.

After this, notices were issued to the Election Commission of Pakistan (ECP) and other parties and the hearing of the case was adjourned till 10:30 am.

At the resumption of the hearing again, the petitioner, PTI chairman, was also present in the court room.

Justice Yahya Afridi talked to Imran Khan’s lawyer Khawaja Haris, “I hope you have come with full preparation.” In response, Khawaja Haris said that two of the petitions have been pending in the Islamabad High Court.

Justice Yahya Afridi asked, “Have you mentioned these petitions in this petition?” to which Imran Khan’s lawyer said that the jurisdiction of the trial court in the Toshakhana case and the petitions for transfer of the judge are pending. Justice Yahya Afridi asked, “You want the High Court to decide on both the appeals.”

On this, Khawaja Haris said that yes, we want their decision to be made.

Justice Yahya Afridi said, “If the petitions are pending in the Islamabad High Court, then how could the court issue an order for the trial court.”

“We are asking the High Court to decide your appeal and all the petitions together, but it will not be appropriate to interfere in the proceedings of the trial court,” the judge remarked.

The Supreme Court directed the High Court to decide the case soon and disposed of Imran Khan’s petition not to conduct the trial.

It is to be noted that the Islamabad High Court had sent the case back to the trial court. On July 4, 2023, the Islamabad High Court ordered the trial court to hear the PTI chairman again and take a decision.

The court has summoned Imran Khan to record his statement under Section 342 of the Code of Criminal Procedure at 12 noon today.