Court accepts Imran's exemption plea in Toshakhana reference

Former premier could not appear on medical grounds; court orders Imran's presence in the next hearing

ISLAMABAD:

An additional sessions court in Islamabad accepted Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s request for exemption from appearing before the court on Monday for the hearing of the Election Commission of Pakistan's (ECP) plea for starting criminal proceedings against Imran in the Toshakhana (gift depository) reference.

District and Sessions Judge Zafar Iqbal had summoned the former premier in his personal capacity, however, Imran filed a request for exemption from attendance based on medical grounds. The request was accepted by the court.

The electoral watchdog’s lawyer maintained that Imran’s immunity plea could not be heard until he appeared before the court in person.

The judge summoned Imran on January 31 and adjourned the hearing.

Read 'Political engineering' under way, alleges Imran

Earlier today, the ousted premier submitted an exemption plea before the court based on medical grounds.

The court questioned if power of attorney could be given to someone on behalf of the PTI chief. It maintained that the exemption application was not filed by Imran himself.

ECP lawyer Saad Hassan appeared before the court and requested to issue an arrest warrant because of Imran’s absence from court.

He furthered that the PTI chairman’s presence was essential as the hearing was of a criminal case. The commission's lawyer reiterated that an arrest warrant should be issued if Imran failed to come to the court.

He added that neither a power of attorney nor Imran’s signature had been submitted on the application.

The case

On December 15, the court accepted the maintainability of the commission’s petition against Imran

In its three-page verdict, the court noted that prima facie, the declaration of assets submitted by the PTI chief to the ECP was incorrect.

It added that the former premier had not mentioned the details of the gifts he had acquired from the Toshakhana.

Read More ‘Political engineering’ under way, alleges Imran

The court further observed that Imran had also failed to mention the money he had acquired by selling these gifts.

The judge in his verdict wrote that prima facie, the PTI chief was guilty of violating Section 174 of the Election Act.

The court noted that the Islamabad district election commissioner and an officer of the finance department of the ECP had recorded their affidavits.

It added that the details of Imran’s statements for four years -- 2017 to 2021 -- had also been submitted before the court.

The ECP had sent the reference to the district and sessions judge under Sections 137, 170, and 167 of the Election Act.