IHC halts action against Imran Khan in Toshakhana criminal case

F.P. Report

ISLAMABAD: The Islamabad High Court has ordered to halt the action in the Toshakhana criminal case against former prime minister and Pakistan Tehreek-i-Insaf Chairman Imran Khan. The former premier was indicted in the case by a trial court on Wednesday.

IHC Chief Justice Aamer Farooq heard a petition filed by Imran Khan challenging the Toshakhana criminal proceedings.

The Islamabad High Court has already issued a stay order on the request of Imran Khan.

Chief Justice Farooq on Friday issued notices to the Election Commission and other parties.

The court adjourned the hearing of the Toshakhana criminal proceedings case till June 8, while notices were issued on all four applications of Imran Khan for June 8.

At the outset of the hearing, Imran’s lawyer Khawaja Haris argued that the Election Commission of Pakistan’s complaint is not admissible because no letter has been submitted by the ECP to appoint a competent authority. The ECP only directed its office to file a complaint, while the complaint filed without the competent authority cannot be heard. Complaints cannot be sent after the prescribed time, he argued.

The chief justice inquired what the trial court had said on these objections.

Khawaja Haris said that the trial court judge said that he would see it during the examination of evidence.

The lawyer contended that the Election Commission could not send a complaint for criminal action after 120 days and the objection was raised before the trial court but the trial court said that the matter would be seen at the stage of evidence. But we say that no further action can be taken on it, he added.

Khawaja Haris further said that he is objecting to whatever is on record. The matter of criminal proceedings should first go to the Magistrate and then to the Sessions Court. The complaint has to be first filed with the Magistrate and then he has to record the opening statement and send it to the Sessions Court, he added.

It bears mentioning that the Sessions Court indicted Imran Khan two days ago while it had summoned the witnesses on May 13.

Additional District and Sessions Judge (ADSJ) Humayun Dilawar passed the indictment order while PTI Chief Imran pleaded not guilty.