Imran called on 9th for ‘illegal sale of gifts’

Court defers PTI chief’s indictment in Toshakhana reference yet again

ISLAMABAD:

The National Accountability Bureau (NAB) Rawalpindi on Tuesday summoned PTI chairman and deposed premier Imran Khan on March 9 in connection with the Toshakhana (gift depository) reference.

A notice was dispatched to the former premier’s residence in Bani Gala, Chak Shahzad, Islamabad.

In the notice, the accountability watchdog accused Imran of illegally selling gifts received during his tenure as the prime minister, including five Rolex watches; an iPhone given by the chief of the Qatar Armed Forces; pair of cufflinks;  ring; unstitched cloth for pants and coat; and a Graff gift set containing one wrist watch, special edition mecca timepiece, 18 karat gold and diamond pen, ring and pair of cufflinks with micro-painting of Mecca.

Earlier in the day, a district and sessions court deferred the PTI chief’s indictment in the Toshkhana reference for the second time, approving his exemption from appearance on medical grounds till February 28.

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

Imran’s lawyer Barrister Gohar Ali Khan appeared in the court on behalf of the PTI chief and filed a request for his exemption from appearance.

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

His lawyer replied that the ousted premier’s X-rays would be conducted on February 28 and he could only appear in the court after that.

An irked Justice Iqbal remarked that it did not appear like there would be a trial.

Gohar explained that Imran had reached the Lahore High Court a day earlier “with great difficulty”.

The judge told him that Imran would have to appear before his court with the “same difficulty”.

Justice Iqbal continued that the court would receive a confirmation from the Pakistan Institute of Medical Sciences (PIMS) and questioned the nature of the PTI chief’s injuries.

“[Will you explain] what injuries Imran Khan has suffered?” he asked the lawyer.

During the hearing, the lawyer representing the ECP pleaded for the formation of a medical board to examine the PTI chief.

He argued that Imran had not appeared before the LHC in a wheelchair but instead did so without it.

The judge noted that the summons had been ordered on January 9 for “February 21 (Tuesday)”, adding that the court had been “giving exemptions on every date”.

Gohar said that if the court approved the exemption for today, the PTI chief would be present on the next date of hearing.

Read No protective bail unless Imran appears in court: LHC

“Imran is not appearing [in the court]  because of his doctor’s suggestion and security reasons,” he added.

Subsequently, the judge accepted Imran’s exemption plea and postponed the process of indicting the PTI chief till February 28, adding that there would be no delay beyond that.

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

Separately, the Islamabad High Court directed Imran’s legal team to remove the objections of the Registrar’s Office in a petition seeking to exclude the terrorism clauses from an FIR against him filed.

The FIR was filed in connection with the protests outside the ECP building following the commission’s verdict about Imran.

A two-judge bench, comprising Justice Mohsin Akhter Kayani and Justice Tariq Mehmood Jahangiri, heard the case along with the objections of the Registrar’s Office.

The Registrar’s Office had raised three objections against the petition, including missing biometric verification of Imran and not attaching of documents of the anti-terrorism court (ATC).

It also said that the case should have been filed before the trial court, which was a relevant forum.

Justice Kayani, while hearing the case, remarked that the PTI’s chief  had to appear before the court for biometric verification.

He added that the court could not trust this petition, as a fake one, pertaining to Imran, had surfaced a  day earlier.

At the outset of hearing, Justice Kayani remarked that the petitioner should move the ATC for relief.

In response, the PTI chief’s lawyer Faisal Chaudhry told the court that the legal team had already filed an application with the prosecutor seeking to delete the Anti-Terrorism Act (ATA) sections from the FIR.

Justice Kayani asked whether or not the court could issue instructions to the prosecutor against the petition.

The lawyer replied that it was the duty of the prosecutor to review whether or not the incident fell under the ATA sections.

He added that the case challan had not been submitted so far as an investigation into the matter was still under way.

The court questioned whether or not the prosecutor had the authority to remove the ATA clauses from FIR.

The IHC, therefore, maintained the objections of Registrar’s Office and instructed the petitioner to have them removed first.

The court added that first the accused should acquire bail from the trial court, then the IHC would take up the matter.

In October last year, the ECP had requested 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 ECP ruling, passed on October 21 last year, 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.

The ECP had declared that Imran stood disqualified under Article 63(1)(p) of the Constitution.

(With input from APP)