The Islamabad High Court (IHC) has accepted Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition, seeking dismissal of a criminal complaint filed against him in a trial court by the Election Commission of Pakistan (ECP) with regard to a Toshakhana – gift repository – case.
Remanding the matter back to the court of Islamabad (West) additional sessions judge, the IHC has directed the judge to decide the matter afresh within seven days.
“It is reiterated that [the] learned trial court has left the issues undecided and has dismissed the application of the petitioner with scanty reasons which left the main legal issues undecided or unresolved.
“It would be only proper for the learned trial court to decide the application afresh after hearing the parties with detailed reasons keeping in view the provisions of Article 10-A of the Constitution as the foremost consideration,” an eight-page order authored by IHC Chief Justice Aamer Farooq said.
Last year, six members of the National Assembly filed a reference to NA Speaker Raja Pervaiz Asharf, claiming that the statements of assets and liabilities submitted by Imran and his wife with respect to the years 2018, 2019, 2020 and 2021 were incorrect.
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The speaker referred the matter to the ECP under Article 63(2) of the Constitution.
The ECP, after issuing notices to all, decided the matter on October 21, 2022, disqualifying Imran under Article 63(1)(p) of the Constitution read with sections 137, 167 & 173 of the Elections Act, 2017.
The ECP also directed its office to initiate proceedings against Imran under Section 190(2) of the Elections Act, 2017 and filed a complaint in the Islamabad (West) sessions court against the PTI chief on November 7, 2022 for allegedly making a false declaration about his assets and liabilities.
The court, after recording cursory statements and examination of the documents, issued summons/notices to the PTI chief.
Imran on March 13 this year moved an application in the court for dismissal of the complaint.
The former premier took the stance that the ECP had filed the criminal complaint without due authorisation and that the same was also barred by limitation in light of law—Section 137(4) of the Elections Act, 2017, which says such criminal proceedings can only be started within 120-days on the submission of statement of assets and liabilities.
Imran on May 5, 2023 filed another application for rejection of the complaint as being in violation of Section 193 of the Code of Criminal Procedure, 1908 (CrPC).
However, the court rejected both the applications through a consolidated order dated May 5, 2023. Imran later approached the IHC, assailing the trial court’s order to the extent of dismissal of the ECP complaint on the basis of “limitation” and “authorisation”.
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