Trial court ignored high court order in Toshakhana criminal case: Imran Khan’s lawyer
The Islamabad High Court (IHC) has started hearing PTI Chairman Imran Khan’s application against his conviction and for its suspension in the Toshakhana criminal case.
A division bench comprised IHC Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri is hearing the case.
The IHC chief justice told the lawyer that if a lower court has made a mistake it should be given confidence.
The lawyer remarked that without deciding the jurisdiction the proceedings cannot go ahead. He added that he will argue against the sentence of his client on three grounds.
The trial court ignored the Islamabad High Court order, adding the lower court verdict had several mistakes, Khosa remarked.
The high court asked the trial court to hear the arguments again on the maintainability of the case, Khosa said, adding that the trial court judge violated the high court judge’s order.
He further said that their objection was also that the election commission’s complaint was not filed with the right forum. The commission’s complaint could have been filed in the magistrate’s court, Latif Khosa added.
He further argued that the trial court did not rule on the issue of jurisdiction even for the third time.
On August 22, the court had adjourned the proceedings in the case at the request of the election commission’s lawyer.
The PTI chief’s appeal is also fixed before the Supreme Court at 2pm. A three-member bench led by the chief justice of Pakistan will hear the case.
In the previous hearing, the Supreme Court had declared the trial court’s decision in the Toshakhana case incorrect in retrospect.
A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, and comprising Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhel heard the case.
The CJP remarked that the trial court made mistakes in its decision in retrospect, adding that the matter is in the high court, so the apex court was not interfering.
The CJP asked the Islamabad High Court to hear the appeal on Thursday, or they will hold the proceedings again the same day.
CJP Bandial said defects have been revealed in the trial court’s decision. The decision of the trial court to declare the case maintainable was annulled by the high court and it was asked to decide the case afresh on some other points.
