ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan struggles to get instant reduction within the Toshakhana case because the Supreme Courtroom Wednesday requested the ex-premier to attend for a excessive court docket’s verdict, as he sought a keep on the trial within the matter.
The PTI chief made the request till a choice by the SC and the excessive court docket was issued.
The highest court docket’s remarks got here throughout a listening to of PTI Chairman Khan’s petition towards the aforementioned case by a three-member bench — led by Justice Yahya Afridi and comprising Justice Mazahar Ali Naqvi and Justice Musarat Hilali.
“We consider that the excessive court docket can concern a greater order than us. It’s potential that it’s going to give the order to cease the trial tomorrow,” Justice Yahya Afridi stated, addressing PTI counsel Khawaja Haris.
The decide stated the SC will take up the case as soon as the excessive court docket has issued an order.
It ought to be famous that the Islamabad Excessive Courtroom (IHC) has mounted Imran Khan’s attraction for a listening to on August 3, difficult the maintainability of the Toshakhana case.
Justice Afridi advised PTI’s attorneys that the plea was ineffective, but the court docket heard and gave an order. “First, let the excessive court docket determine, then the case will probably be filed within the Supreme Courtroom.”
In the meantime, the apex court docket issued a discover to the Election Fee of Pakistan officers pertaining to the case, whereas adjourning the listening to of the PTI chief’s petition until August 4.
The SC decide stated that the supervisory jurisdiction of the trial courts is that of the excessive court docket and the SC will schedule the case for listening to after receiving the order from the excessive court docket.
Justice Yahya, asking the PTI lawyer, stated what extra does he need, because the court docket had already given reduction to Khan. “It’s shocking that you just nonetheless approached the Supreme Courtroom,” he remarked.
Haris, alternatively, questioned the jurisdiction of the case. “The assertion of Part 342 has been recorded within the trial court docket. The trial court docket has ordered to current the checklist of witnesses in the present day,” he stated.
He added that the trial court docket will think about the trial accomplished if the checklist of witnesses shouldn’t be offered in the present day. “The court docket ought to order to cease the trial till the choice of the instances within the SC and the IHC.”
Responding to his request, Justice Afridi stated that no request for an injunction has been made.
“It could be higher in case you assume now and file an software for injunction,” he advised the counsel, informing him about the opportunity of reduction from the IHC fairly than the apex court docket.
“We can not intrude within the proceedings of the trial court docket right now. How can we hear the case when the Islamabad Excessive Courtroom has not given any order?” Justice Afridi questioned Haris.
“You approached the Supreme Courtroom with out an order… let the excessive court docket determine first,” he reiterated.
Responding to the decide, Harris stated Khan has approached the SC as a result of the excessive court docket has not issued a keep within the case.
Final week, too, the SC rejected Khan’s plea looking for a keep on the trial court docket’s proceedings within the Toshakhana case.
Throughout in the present day’s listening to, Justice Yahya Afridi of the two-member SC bench remarked that the apex court docket is not going to intrude within the trial court docket’s issues within the Toshakhana case.
PTI chief’s lawyer Haris knowledgeable the court docket that there are a number of petitions — associated to the jurisdiction of the trial court docket and switch of the Toshakhana case — pending within the excessive court docket.
The previous prime minister, the primary to be voted out of workplace by means of a no-trust vote final 12 months in April, had approached the highest court docket after being denied reduction from the Islamabad Excessive Courtroom (IHC).
The Election Fee of Pakistan (ECP) had, on October 21 final 12 months, disqualified the previous prime minister within the Toshakhana reference beneath Article 63(1)(p) of the Structure for making “false statements and incorrect declaration”.
Updated at 2023-09-13 15:09:33
Updated at 2023-09-13 18:48:49
Updated at 2023-09-13 19:15:14