Despite engaging several professional lawyers in different matters, the PTI is unable to adopt a legal strategy to avert the threat of its chairman Imran Khan's disqualification.
The sword of disqualification is hanging over the deposed premier’s head in several matters, especially the Toshakhana (gift depository) case wherein he had been summoned by a district court on January 9 to start a criminal trial on the charges of “corrupt practices”.
The case was taken up on a plea filed by the Election Commission of Pakistan (ECP) over not disclosing the details of the gifts the PTI chief had allegedly acquired from the depository.
The way a session judge in Islamabad has initiated the proceedings in the case, the trial could conclude in a month.
A senior PTI lawyer believed that these cases were politically motivated and could not be contested on legal grounds alone.
“When the ‘powerful circles’ and civilian government are working on the sole agenda to disqualify Imran, there is a need to prolong the trials until the political situation becomes favourable,” he added.
He also referred to PPP leader and lawyer Farooq H Naek's strategy in party co-chairperson Asif Ali Zardari’s corruption cases, wherein he delayed the trials through different ways and secure him from conviction.
It is being witnessed that the PTI's legal strategy could not delay the Toshakhana case proceedings.
The PTI lawyer said the party’s legal team should have challenged the ECP proceedings in the high court at an initial stage.
Later, the Islamabad High Court did not stay the criminal proceedings against the PTI chief.
He admitted that PTI’s Barrister Ali Zafar performed very well and won five important cases for the party since April.
“However, the situation has changed wherein you need to prolong the cases in order to pass this difficult phase,” he added.
Despite the issuance of contempt notices, the ECP could not initiate proceedings against Imran and PTI leaders Asad Umar and Fawad Chaudhry as their lawyer Faisal Hussain challenged them on different grounds.
Also read: Court summons Imran in Toshakhana case
Since the elevation of Justice Athar Minallah to the Supreme Court , the PTI is struggling to acquire relief from the IHC.
The IHC has issued a pre-admission notice to Imran about his disqualification over the non-disclosure of his alleged child.
The notice was issued even though a division bench of the same court had rejected a plea of a similar nature three years ago by saying that it was not in public interest to entertain the petition.
The PTI lawyer said if the situation remained unchanged in the IHC, then the party would use other options at its disposal.
When the PTI’s relationship was cordial with the security establishment, it remained successful in acquiring relief from the superior courts since Panamagate in July 2017.
The party even managed to acquire relief from one section of the SC in high-profile cases after the regime change in April.
Presently, the party is facing difficulties in acquiring relief in matters related to civil liberties as well as the eligibility of its chairman.
Since April, other than the party’s own counsel, the PTI has engaged Khawaja Haris, Salman Akram Raja, Uzair Karamat Bhandari and Salman Safdar as well as other senior lawyers.
Advocate Hassan Niazi, who is Imran’s nephew, is coordinating with different lawyers representing his uncle in different cases.
It has been learnt that if the government dropped all the cases against Imran, then he might withdraw his demand to hold early general elections.
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