IHC Overturns Trial Court Verdict on PTI Chief's Toshakhana Reference



In a recent development, the Islamabad High Court (IHC) has set aside a trial court verdict, which declared the Toshakhana reference filed by the Election Commission of Pakistan (ECP) against PTI Chairman Imran Khan as maintainable for criminal proceedings. IHC Chief Justice Aamer Farooq ordered the trial court to re-hear the case and decide the matter again. Imran Khan's appeal to transfer the case to another court was also rejected by the IHC.

The IHC also issued a notice for next week on a petition to restore Imran Khan's right of defense in the Toshakhana trial. Additionally, the Federal Investigation Agency (FIA) has been directed to inquire into certain alleged posts on the session judge's Facebook account and submit a report within two weeks.

The Toshakhana case accuses Imran Khan of deliberately concealing details of gifts he retained from the Toshakhana during his time as the Prime Minister. The ECP had found him disqualified under Article 63(1)(p) of the Constitution for making false statements about the gifts. Imran was indicted in the case on May 10, and the trial court had ruled that the reference was maintainable. This decision was challenged in the IHC, leading to the recent developments in the case.

The session court also resumed its proceedings in the case, with the ECP counsel delivering final arguments. The judge summoned Imran Khan for final arguments on the maintainability of the case, warning that the verdict would be reserved and announced if he and his lawyers did not appear.

The Toshakhana is a department under the Cabinet Division in Pakistan, which stores gifts given to rulers and government officials by heads of other governments and foreign dignitaries. According to Toshakhana rules, gifts and other materials received by eligible individuals should be reported to the Cabinet Division.

The case has been a subject of legal battles for Imran Khan and has raised questions about the maintainability of the reference and the judicial process.

In response to the recent developments in the Toshakhana case, the PTI (Pakistan Tehreek-e-Insaf)Information Secretary, Raoof Hasan, raised concerns about the credibility of the trial court in handling the case. He questioned whether the trial court deserved another opportunity to adjudicate the matter, especially when the IHC had expressed doubts about the judgments made by Judge Dilawar, who is handling the case. Raoof Hasan also highlighted the perception of rabid partisanship surrounding Judge Dilawar, further raising doubts about the fairness of the trial.

The IHC's decision to set aside the trial court's verdict and order a re-hearing has added complexity to the case. Imran Khan's appeal to transfer the case to another court was rejected, indicating that the trial will continue in the same court.

As the legal battle continues, the PTI Chairman, Imran Khan, has been summoned by the session court for final arguments on the maintainability of the case. The judge warned that the verdict would be reserved and announced if Imran Khan and his lawyers failed to appear for the hearing.

The Toshakhana case revolves around allegations that Imran Khan concealed details of gifts he received from the Toshakhana during his tenure as Prime Minister. The Toshakhana is a repository where presents given to government officials from foreign dignitaries are kept. The ECP found him disqualified under Article 63(1)(p) of the Constitution for making false statements about the gifts.

Imran Khan has faced various legal issues over his retention of gifts, and the case has implications for his political career. The trial court's decision to declare the ECP reference as maintainable and proceed with criminal proceedings against him had led to the subsequent legal challenges and appeals in higher courts.

The case has gained significant attention in Pakistan, given Imran Khan's stature as a prominent politician and former Prime Minister. As the trial proceedings continue, it remains to be seen how the courts will address the raised concerns and how the legal battle will unfold in the coming days. The Toshakhana case highlights the complexities and challenges in ensuring a fair and transparent judicial process in high-profile cases involving public figures.