Home Pakistan Toshakhana case: SC rejects Imran Khan’s petition seeking to stay trial court proceedings

Toshakhana case: SC rejects Imran Khan’s petition seeking to stay trial court proceedings

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Toshakhana case: SC rejects Imran Khan’s petition seeking to stay trial court proceedings

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A policeman walks past the Supreme Court building in Islamabad in this undated photo — AFP/File
A policeman walks past the Supreme Court building in Islamabad in this undated photo — AFP/File
  • Judge says apex court will not interfere in trial court’s matters.
  • Asks high court to decide on Iman Khan’s pending petitions. 
  • Justice Afridi says it was not SC’s jurisdiction to hear case.

ISLAMABAD: The Supreme Court (SC) on Wednesday rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s plea seeking a stay on the trial court’s proceedings in the Toshakhana case.

The former prime minister, the first to be voted out of office through a no-trust vote last year in April, had approached the top court after being denied relief from the Islamabad High Court (IHC).

The Election Commission of Pakistan (ECP) had, on October 21 last year, disqualified the former prime minister in the Toshakhana reference under Article 63(1)(p) of the Constitution for making “false statements and incorrect declaration”.

A trial court then, in May this year, rejected his petition challenging the maintainability of the reference.

Not only that, but the court also indicted the PTI chief, who denied all the allegations of misdeclaration of gifts.

This was when the PTI chief challenged the trial court’s decision before the IHC, which sent the case back to the trial court for re-examination within a span of seven days.

On July 8, the trial court concluded that the ECP’s petition is maintainable and proceeded further against the former premier who then approached the apex court for relief.

During today’s hearing, Justice Yahya Afridi of the two-member SC bench remarked that the apex court will not interfere in the trial court’s matters in the Toshakhana case.

PTI chief’s lawyer Khawaja Haris informed the court that there are multiple petitions — related to the jurisdiction of the trial court and transfer of the Toshakhana case — pending in the high court.

At this, Justice Afridi directed the IHC to club Khan’s pending petitions and decide on them first.

He said that it was not the SC’s jurisdiction to hear the petition when there are related petitions sub-judice in the IHC.

“Court’s jurisdiction is a major issue, it should be decided first,” the justice remarked.

It may be noted that there are four petitions pending in the IHC. One relates to the latest trial court order while in two pleas the PTI chief has challenged the jurisdiction of the trial court to hear the Toshakhana case. In another petition, he has sought a transfer of the case.

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