Trial court to rehear gifts case today

A trial court in Islamabad will once again take up on Thursday Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition against a criminal complaint filed against him by the country’s polls supervisory authority for allegedly making false declarations about his assets and liabilities.

Islamabad West District and Session Judge Humayun Dilawar on Wednesday issued notices to respondents including the district election commissioner while asking Imran Khan to appear in the court in person at 8:30 am on July 6 [Thursday].

A day earlier, on Tuesday, the Islamabad High Court (IHC) accepted former prime minister Imran Khan’s petition, seeking dismissal of the criminal complaint filed against him in the sessions court by the Election Commission of Pakistan (ECP).

Remanding the matter back to the court, the IHC had 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,” said an eight-page order authored by IHC Chief Justice Aamer Farooq.

Read more: Govt makes 21-year record of Toshakhana public

Last year, six members of the National Assembly filed a reference to the NA Speaker Raja Pervaiz Asharf, claiming that the statements of assets and liabilities submitted by Imran Khan and his wife with respect to the years 2018, 2019, 2020 and 2021 were not correct.

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 and disqualified Imran Khan under Article 63(1)(p) of the Constitution read with sections 137, 167 & 173 of the Election Act, 2017.

The ECP also directed its office to initiate proceedings against Imran under section 190(2) of the Election 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 authorization and that the same was also barred by limitation in light of law—section 137(4) of the Election Act, 2017, which says such criminal proceedings can only be started within 120 days on the submission of statement of assets and liabilities.
Imran Khan 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 “authorization”.