ISLAMABAD: The splendid courtroom Wednesday refused to conduct an instantaneous hearing of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s plea in the Toshakhana case.
among other petitions, PTI additionally filed one seeking suspension of his conviction within the Toshakhana case to make sure he partakes within the widespread polls scheduled to take area on February eight next year.
in the meantime, sharing his feedback on the plea, Justice Athar Minallah located that the suspension of the trial court verdict in opposition to Khan inside the Toshakhana case cannot quit his disqualification.
The PTI leader changed into disqualified for five years from retaining any public workplace because of his conviction in the case.
The apex court, however, refused to restoration the petition for listening to as best two judges of the SC were to be had due to iciness excursion.
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On December 21, IHC’s two-member bench rejected Khan’s request looking for suspension of the trial court’s verdict inside the aforementioned case.
Addressing Khan’s lawyer Shahbaz Khosa, Justice Minallah said the problem before the bench become that conviction need to be overturned following suspension of sentence in the case.
“there may be no judicial precedent within the usa’s records that suspension of sentence led to the annulment of conviction,” he remarked.
Khosa replied by way of pronouncing that there were judicial precedents when senior politician Javed Hashmi’s sentence turned into abolished along with the verdict.
“The court should see how judge Humayun Dilawar issued 5 sentences in a single day,” the attorney added.
appearing leader Justice Sardar Tariq Masood informed Khosa that this petition might be dismissed by way of a -member bench, asking him in the event that they have to do so.
“A two-member bench cannot even give you period in-between comfort because there’s a division bench decision within the high court docket,” he remarked.
Justice Masood said the disqualification petition within the Toshakhana case should be constant earlier than a 3-member bench.
“simplest two judges are to be had in Islamabad. The Toshakhana case have to be heard via at the least a 3-member bench,” the decide remarked.
The acting chief justice stated hearing of the disqualification case isn’t always possible this week.
“What if the case is on crucial factors and ought to be heard by way of a 5-member bench,” the performing CJP added.
“next week, Qazi sahib may even come,” stated Justice Masood relating to leader Justice Qazi Faez Isa, who’s on iciness vacation.
Khosa stated the court can nonetheless shape a bench by way of summoning judges.
“The judges aren’t available right here, you tell me who ought to sit down and hear?” the performing chief justice asked the attorney, and then the judges left the court docket.
in advance, the SC indicated fixing some other PTI’s petition searching for contempt of courtroom proceedings in opposition to the Election fee of Pakistan (ECP) as the acting chief justice said he might decide approximately the matter in his chamber.
Toshakhana case
In August, Khan became sentenced to three years in prison and a nice of Rs100,000 by means of extra District and sessions choose (ADSJ) Humayun Dilawar on August five, 2023, after the choose found Khan guilty of graft in the Toshakhana case.
He has been convicted of misusing his position as high minister to sell kingdom gifts well worth more than Rs140 million ($490,000) that he received from overseas dignitaries at some point of visits abroad.
Following his conviction within the case, the Election fee of Pakistan (ECP) disqualified the former PM for five years. In a notification, the electoral watchdog stated that the PTI chief became disqualified after being located responsible of corrupt practices underneath segment 167 of the Elections Act, 2017 and his sentencing for three years.
“thus, Mr Imran Ahmed Khan Niazi has grow to be disqualified beneath Article 63(1)(h) of the charter of the Islamic Republic of Pakistan study with phase 232 of the Elections Act,2017,” the notification added.
The IHC, but, on August 28, suspended the PTI supremo’s sentence offered to him in the Toshakhana case but his conviction and disqualification continue to be intact because the IHC rejected the petition to suspend the conviction.
