SC declines to stay gifts case proceedings

ISLAMABAD:

The Supreme Court on Wednesday declined to stay the Toshakhana case proceedings started by a trial court in Islamabad against former prime minister Imran Khan as it urged the Islamabad High Court (IHC) to decide pending petitions of the Pakistan Tehreek-e-Insaf (PTI) chairman.

A division bench, led by Justice Yahya Afridi and including Justice Mussarat Hilali, called on the IHC to decide the PTI chief’s three pending petitions, adding that the issue about jurisdiction of the trial court should be decided first.

In the pending petitions, the PTI chief had challenged the jurisdiction of the trial court in Islamabad. The counsel for the Election Commission of Pakistan (ECP) agreed that the issue of the court’s jurisdiction should be decided by the IHC first.

While rejecting Imran's plea to grant stay on the trial court’s proceedings, the bench noted that the IHC has supervisory jurisdiction in the matter and therefore, the SC would not interfere

The PTI chairman had moved the IHC for transfer of six cases against him from one trial court to another. Imran's wife, Bushra Bibi, had also sought the transfer of a case filed against her from one court to another. After a hearing, IHC Chief Justice Aamir Farooq reserved his order on the petition.

Read Hiding state gifts to be penalised

The IHC chief justice also stopped Civil Judge Tahir Abbas Sipra from making a final decision on the PTI chairman's bail application. He also directed Imran’s lawyer to approach Islamabad’s chief commissioner for providing security to his client.

Judge Sipra is hearing cases filed against the PTI chairman over May 9 violence. On Wednesday, he extended the interim bail of Imran till July 31 in 6 cases. He allowed the PTI chairman’s request for exemption from personal appearance.

Toshakhana case

Meanwhile, Additional District and Sessions Judge Humayun Dilawar asked the PTI chairman to answer 35 questions in the Toshakhana—gift repository—case during a hearing on Wednesday.

The court also allowed a request by the PTI chairman for exemption from his personal appearance for one day but asked him to appear in his court on Thursday (today) to give testimony.

The court provided a questionnaire to the PTI chairman's lawyer, Barrister Ali Gohar, for recording the statement of the accused under Section 342 of the Criminal Procedure Code (CrPC).

The questionnaire seeks the PTI chairman’s replies on various points raised during the trial proceeding. It said the PTI chairman had admitted to keeping Toshakhana gifts from 2018 to 2021.

The court asked the PTI chief what did he had to say that he admitted to selling the gifts he received in 2018-19, and getting Rs58 million in return; he gifted the gifts received in 2019-20 to someone else and did not disclose them as assets; and whether he had shown the gifts he received in 2020-21 as his assets.

The questionnaire said that according to the prosecution witness, the PTI chief did not declare four gifts received in 2018-19; three gifts in 2019-20 and five gifts in 2020-21, and submitted false statements.

The PTI chairman was asked as to what he had to say about the charge that he did not provide the details of the buyers of the gifts sold in 2018-19; and those whom he presented the Toshakhana gifts in 2019-20.

According to the evidence, the questionnaire said, Imran deliberately hid his assets from 2018 to 2021 and provided false details. He was also asked whether he would like to present any evidence in his defense.

£190m corruption case

Separately, Islamabad Accountability Court-1 Judge Muhammad Bashir extended the interim bail granted to the PTI chairman in the £190 million corruption case and the National Accountability Bureau (NAB) probe into the Toshakhana gifts till July 31.

The court also extended the interim bail granted to Bushra Bibi in the NAB investigation into Toshakhana gifts and ordered final arguments on the interim bail on July 31.

Meanwhile, the PTI chairman moved a district and sessions court, seeking acquittal in a case about threatening a female judge. He requested the court to list the hearing of his petition as soon as possible.

On Tuesday, Imran appeared before a Federal Investigation Agency (FIA) led joint inquiry committee probing into alleged misuse of a diplomatic cipher, which the PTI chairman had touted as evidence of foreign conspiracy against his government in March last year.

On Wednesday, the FIA issued fresh notice to the PTI chairman, summoning him on August 1 to answer further questions, emanating from his statement and a perusal of more evidence and records.

Separately, the Supreme Court issued its written order in a case against the nomination of the PTI chairman in the murder case of a lawyer in Quetta.

The court order noted that the current bench might not be available at the next hearing of the matter because of summer vacations. However, the order added that the matter might be placed before any available bench.

With additional input from Hasnaat Malik