IHC hears crucial Toshakhana case against PTI chairman

• A division bench is presiding over the case.
• PTI chief’s appeal also fixed before Supreme Court at 2pm.
• CJP Bandial yesterday pointed out flaws in the trial court’s decision.

The Islamabad High Court on Thursday heard PTI Chairman Imran Khan’s application seeking to challenge his conviction and requesting its suspension in the Toshakhana case.

A division bench comprising IHC Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri is presiding over the case.

PTI chairman’s attorney, Latif Khosa, has appealed for the suspension of his client’s sentence. He informed the chief justice that they had approached the Supreme Court to first determine the case’s jurisdiction.

The IHC chief justice advised the lawyer that if a lower court has made an error, it should be given the benefit of the doubt.

The lawyer pointed out that the proceedings cannot move forward without resolving the jurisdiction matter. He stated that he would present arguments against his client’s sentence based on three grounds.

On August 22, the proceedings were adjourned in response to a request from the election commission’s lawyer.

The lawyer will present counterarguments against Imran Khan’s request to suspend his sentence in the Toshakhana case.

At the same time, the PTI chief’s appeal was scheduled before the Supreme Court at 2pm. A three-member bench led by the Chief Justice of Pakistan will oversee the case.

The chief justice inquired ECP lawyer that how much time does he requires further to complete his arguments. To which he replied “Three hours,” following which the judge remarked “This much long arguments for a case of suspension of sentence.”

The hearing has been adjourned till tomorrow, while the time of hearing is yet to be fixed by the judges.

The ECP’s lawyer requested for not fixing the hearing on a Friday. The chief justice said they will hear the case even though it will not be a division bench.

In a prior hearing, the Supreme Court retrospectively deemed the trial court’s decision in the Toshakhana case as incorrect.

A three-member bench led by Chief Justice of Pakistan Umar Ata Bandial, alongside Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhel, presided over the case.

The chief justice of Pakistan remarked that the trial court had made errors in its decision, stating that since the matter was in the high court, the apex court wouldn’t interfere.

CJP Bandial requested the Islamabad High Court to conduct the appeal hearing on Thursday, warning that they would restart the proceedings on the same day if necessary.

CJP Bandial pointed out flaws in the trial court’s decision. The trial court’s ruling regarding the case’s viability was overturned by the high court, directing it to reconsider the case on different grounds.