Imran's indictment in Toshakhana case deferred again

ISLAMABAD:

A district and sessions court on Tuesday once again deferred Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan's indictment in the Toshkhana reference, approving his exemption from appearance on medical grounds till February 28. 

Additional Sessions Judge Zafar Iqbal heard the Election Commission of Pakistan's (ECP) case of criminal proceedings against the former prime minister in the Toshakhana reference.

Imran's lawyer barrister Gohar appeared in court on behalf of the PTI chief and filed a request for his exemption from appearance.

Read Toshakhana head given last chance to submit affidavit

As the proceedings commenced, the court inquired why there was another exception request, directing Imran to appear in court.

The lawyer said that the ousted premier's X-rays will be conducted on February 28 and he can only appear in court after that.

Justice Iqbal remarked that "it does not seem like there will be a trial". When Gohar explained that Imran had reached the Lahore High Court (LHC) yesterday "with great difficulty", the judge said that "he will have to come here with the same difficulty".

The judge furthered that the court will get a confirmation from the Pakistan Institute of Medical Sciences (PIMS) and questioned "what is the nature of the injuries? Show which injury Imran Khan has suffered?" 

During the hearing, the lawyer representing the ECP pleaded for the formation of a medical board. He argued that Imran did not appear in the LHC in a wheelchair but instead did on his own.

The judge noted that the summons had been ordered on January 9 for "February 21 (today)" and said that the court has been "giving exemptions on every date".

Barrister Gohar said that if the court approves the exemption for today, the PTI chief will be present on the next date. "Imran is not appearing due to his doctor's suggestion and security reasons," he added.

Read More LHC grants Imran bail in terror case, disposes of ECP protest plea

Subsequently, the court accepted Imran's exemption plea and postponed the process of indicting the PTI chief till February 28, adding that "there will be no delay beyond that".

The court ordered Imran to ensure his in-person attendance at the next hearing.

Toshakhana reference

In October last year, the ECP pled to the trial court to initiate criminal proceedings against the ex-PM. The case was referred to the district and sessions judge under sections 137, 170 and 167 of the Election Act.

The written ruling read that the PTI chairman had “intentionally and deliberately” violated the provisions contained in sections 137, 167 and 173 of the Elections Act, 2017 as he submitted a “false statement” and “incorrect declaration” to the electoral body in the details of his assets and liabilities filed by him for the year 2020-21.

In the written judgment, the ECP said: “As per the statement of Imran Khan he had purchased the gifts from Toshakhana paying 21.564 million rupees while the Cabinet Division said that the gifts had a value of 107.943 million.”

“The amount in his bank account was around half of the value of the state gifts. Imran Khan was bound to declare the cash and bank details in his returns but he didn’t declare it,” the commission's decision read.