Supreme Court Dismisses Imran Khan's Plea in Toshakhana Trial



In this newsarticle, it is reported that the Supreme Court of Pakistan dismissed a pleafiled by former Prime Minister Imran Khan against the trial proceedings relatedto the Toshakhana criminal complaint. Imran Khan had withdrawn the petitionhimself.

Earlier, the Supreme Court had rejected Imran Khan's request to stay the trial in the Toshakhana case being heard in an Islamabad sessions court. However, the court had granted him relief by postponing further proceedings until that day (Friday), allowing him to approach the court again if an adverse order was issued by the IslamabadHigh Court (IHC).

On Thursday, the IHC had reserved its verdict on a set of petitions filed by Imran Khan against the Toshakhana trial. The IHC was also expected to issue the verdict on Imran's appeal against the trial court's decision to refuse his right to produce witnesses in the case.

During the hearing in the Supreme Court, the judges discussed the status of the pleas pending in the IHC and whether the high court had issued any stay order. The court observed that the trial court could not make a decision on the Toshakhana case until the IHC gave its verdict.

Advocate Khawaja Haris represented Imran Khan, while Advocate Amjad Pervaiz represented the Election Commission of Pakistan (ECP) during the hearing.

The Toshakhana case is based on a criminal complaint filed by the ECP, alleging that Imran Khan deliberately concealed details of gifts he retained from the Toshakhana during his tenure as prime minister. The ECP found him disqualified under Article 63(1)(p) of the Constitution for making false statements about the gifts.

In conclusion, the Supreme Court dismissed Imran Khan's plea and expressed hope that both the trial court and the IHC would make their decisions as per the law. The court clarified that this decision would not affect any other pleas filed by Imran Khan. The Toshakhana case involves allegations of Imran Khan's retention of gifts and has been the subject of various legal issues leading to his disqualification.

ToshakhanaCase Background

The Toshakhana case was initiated based on a criminal complaint filed by the Election Commission of Pakistan (ECP). The complaint alleged that Imran Khan, during his time as the Prime Minister, had deliberately concealed details of gifts he received from the Toshakhana. The Toshakhana is a repository where presents given to government officials from foreign dignitaries are kept. According to the Toshakhana rules, gifts and other materials received by eligible individuals should be reported to the Cabinet Division.

Imran Khan's Legal Issues

Imran Khan faced multiple legal issues over his retention of gifts, leading to his disqualification by the Election Commission of Pakistan. On October 21, 2022, the ECP concluded that Imran Khan had made "false statements and incorrect declarations" regarding the gifts he received. The ECP cited Article 63(1)(p) of the Constitution, which deals with disqualification for giving false statements, as grounds for his disqualification.

CourtProceedings

The ECP approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran Khan under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries while serving as the Prime Minister. On May 10, Imran Khan was indicted in the case, but his petition to declare the Toshakhana case inadmissible was rejected.

However, on July 4, the Islamabad High Court (IHC) overturned the session court's ruling, making the Toshakhana case maintainable against Imran Khan. Subsequently, the former Prime Minister challenged the session court's verdict in the IHC.

On Thursday, the IHC reserved its verdict on a set of petitions filed by Imran Khan against the Toshakhana trial. The court was also expected to issue the verdict on Imran's appeal against the trial court's decision to refuse his right to produce witnesses in the case.

On the day of the Supreme Court hearing, Imran Khan's plea against the trial proceedings was dismissed after he withdrew the petition. Earlier, the Supreme Court had denied his request to stay the trial but had granted relief by postponing further proceedings until that day. The court reconstituted the bench, with Justice Hasan Azhar Rizvi replacing Justice Mazahar Ali Akbar Naqvi.

During the hearing, the judges discussed the status of the pleas in the IHC and whether the high court had issued any stay order. The court observed that the trial court could not proceed with its verdict until the IHC gave its decision.