Imran moves SC against IHC July 4 order

Sessions court in Islamabad gives PTI chief one-day exemption from personal appearance

ISLAMABAD:

Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan approached the top court against the Islamabad High Court (IHC) decision to remand back to a trial court his plea challenging a criminal complaint of the Election Commission of Pakistan’s (ECP) in gift repository–Toshakhana–case.

In the 11-page petition filed by Khawaja Haris advocate, the former prime minister has requested the Supreme Court to declare the IHC’s July 4 order illegal.

The IHC Chief Justice Aamer Farooq on July 4 ordered an additional sessions judge to rehear Imran’s plea seeking dismissal of the ECP criminal complaint that accused the PTI chief of not disclosing the gifts he received during his terms as the PM from the gift repository in his declarations of assets and liabilities

“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.

In his petition, Imran contended that the IHC single bench erred in law in refusing to accede to his request that his criminal revision may be heard and decided along with his writ petition against the ECP’s October 21, 2022 order, declaring him disqualified as a lawmaker.

“The [ECP’s] complaint [to start criminal proceedings against the PTI chief] emanates from the direction given in the ECP order dated October 21, 2022 which is challenged in the writ petition and both the writ petition and the criminal revision involve some questions of law which are common to both,” he said.

The petition said since the trial court judge had already categorically held that the complaint against the petitioner had been filed on behalf of the ECP by a duly authorized person, by specifically relying upon the ECP’s October 21, 2022 order, the IHC committed a grave legal error by referring the case back to the same judge.

It asked whether the IHC was legally justified in remanding the very same question of law that formed the basis of the of the trial court May 5 order for redetermination by the very same earned judge “who had in effect already given his categorical findings in respect thereof?”

Meanwhile, 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].

However, on Thursday Imran Khan did not show up in the court. His counsel told the judge that the PTI chief was due to appear before the Lahore High Court (LHC) on Thursday [July 6]. He requested the court to list the case after July 10.

Despite the request for extended exemption, the court granted Imran Khan a day-long exemption while instructing his counsel to ensure the former prime minister’s presence in court on Friday [today].

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 field 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”.