ISLAMABAD: Islamabad High Court (IHC) will hear the petition of chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan in Toshakhana case seeking suspension of the trial court verdict on Monday.
Comprising Chief Justice Amir Farooq and Justice Babar Sattar, a two-member bench of the Islamabad High Court will hear the petition with objections from the Registrar’s Office.
The PTI chief moved the petition through senior lawyer Sardar Latif Khosa under section 561-A (saving of inherent power of high court) of the Code of Criminal Procedure.
“That it is settled principle of law that inherent powers of High Court are very wide and undefinable. High Court can make all such orders to do real and substantial justice and it is a fit case to exercise the powers under Section 561-A Cr.P.C. as the omission in not recording the contentions of the learned counsel for the applicant/appellant at the bar praying for suspension of the impugned order dated 05.08.2023 and subsequent non mentioning of the same in the order dated 28.08.2023 is an omission floating on the face of the order,” states the plea.
It added that the IHC in its August 28 verdict only suspended the sentence of the PTI chief and not the trial court order.
It urged the court to rectify the “omission of not recording the contention of the learned counsel for the petitioner with regard to the suspension” of the Toshakhana judgment of August 5.
The petition further argued that the disqualification order by the ECP was issued in “haste” despite the conviction not attaining “finality”.
Toshakhana verdict
On August 5, the District and Sessions Court awarded three years jail term to the PTI chairman in Toshakhana criminal case.
The court also imposed Rs 100,000 fine on the convicted chief of the PTI. The court also declared the former prime minister ineligible to hold public office for five years.
The court in its verdict said that the accused had been found guilty of corrupt practices and handed the PTI chairman three years jail sentence.
“Imran Khan deliberately submitted fake details [of Toshakhana gifts] to the ECP and is found guilty of corrupt practices,” he stated.
The court also declared the former prime minister ineligible to hold public office for five years.
