IHC issues notices on Imran's plea seeking CJ's recusal

PTI chief had requested IHC Chief Justice Aamer Farooq to recuse himself from bench hearing the Toshakhana case

ISLAMABAD:

The Islamabad High Court (IHC) on Wednesday issued notices to respondents in a petition filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan pertaining to specific reservations about IHC Chief Justice Aamer Farooq.

Earlier this week, the former prime minister had filed a petition through his lawyer expressing a lack of confidence in the bench of judges hearing the Toshakhana (gift repository) case, which includes Justice Aamer Farooq.

In his petition, the PTI chief had expressed concerns that the bench may not be able to function in a fair and unbiased manner, and requested the chief justice to recuse himself from hearing the high-profile case and transfer it to another court.

Hearing the case today, the IHC chief justice remarked that the objections of the Registrar office would be maintained against the petition and, so far, a number wouldn’t be issued for it.

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He further observed that the court did not want to set a wrong precedent which might affect the institution.

The PTI chief’s lawyer took the stance that his client had instructed him to pursue this case.

At this, the chief justice remarked that then the court will serve notices to the respondents and seek their comments.

The IHC CJ said that the court had given a detailed opinion in the Azam Swati case, adding that the bench would come to a logical conclusion if the petitioner wanted to pursue it.

The court served notices to respondents and adjourned further hearing of the case.

Toshakhana case

On November 22 last year, the Election Commission of Pakistan (ECP) had sent the Toshakhana reference to the trial court for initiating criminal proceedings against the PTI chief under sections 137, 170 and 167 of the Election Act, 2017.

The reference was sent to the court a month after a four-member ECP bench unanimously declared that Imran had misled officials about the gifts he had received from foreign dignitaries during his tenure as prime minister.

Official documents revealed in April that Imran and his wife had retained 52 free gifts worth millions "without paying a single penny".

The list of Toshakhana gifts received by the ex-PM Imran between August 2018 and December 2021 had remained a secret during his tenure, making the situation scandalous to reports of hiding the information from the tax authorities.

The Toshakhana is a department under the Cabinet Division which maintains the record of the precious gifts given to rulers, parliamentarians, and officials by heads of other governments, states, and foreign dignitaries as a goodwill gesture.

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The then-government had adopted the stance that the disclosure of any information related to Toshakhana would jeopardise international ties.

The list of gifts showed that the other valuables were kept by the couple after paying a meagre amount, much less than the assessed value.

From seven luxurious Rolex and other expensive watches to gold and diamond jewellery including multiple necklaces, bracelets, rings, multiple diamond chains, an expensive pen and cufflinks worth millions, dinner sets, perfumes, and Oud fragrance, the couple retained everything that different states of the world were gifting to Pakistan.

The most precious gift was presented by Saudi Crown Prince Muhammad Bin Salman during Imran's very first visit to the kingdom. However, the Rs85 million Graff wristwatch was retained by the former prime minister by paying only Rs20 million.