SC disposes of PTI chief’s plea against Toshakhana trial

The Supreme Court dismissed a plea by former premier Imran Khan to stay the Toshakhana (gift depository) case on the basis of withdrawal.

A three-member bench headed by Justice Yahya Khan Afridi heard the PTI chief's plea.

During the hearing, Justice Afridi questioned the PTI chief’s lawyer as to what is the status of the case.
To this, the lawyer replied that a day earlier, the Islamabad High Court (IHC) had reserved its decision on the transfer request, adding that “we want the IHC to announce its verdict first”.

The counsel for the Election Commission of Pakistan (ECP) informed the apex court that under sub-section 8 of Section 526 of the Penal Code, the trial court cannot take a final decision until the transfer application is decided.

Justice Afridi then remarked that “we are looking at this matter beyond the law”, noting that “the lawyer of ECP has also admitted that the trial court cannot take a final decision until the transfer request is decided”.

The apex court then dismissed the PTI chairman's plea on the basis of withdrawal.

Bench reshuffled

The Supreme Court bench hearing the Toshakhana (gift repository) case was shuffled on Friday and in place of Justice Mazahar Ali Akbar Naqvi, Justice Hasan Azhar Rizvi has been included in the bench.

The shuffle also saw Justice Musarat Hilali included in the bench. A three-member bench headed by Justice Yahya Khan Afridi will hold the hearing today.

Earlier this week, the apex court had rejected for a second time Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan's request to stay the trial court's proceedings in the Toshakhana case.

Last week, the apex court declined to intervene in the criminal proceedings against the former premier. It had instead urged the Islamabad High Court (IHC) to decide the pending petitions filed by the PTI chairman.

However, Imran's legal team approached the top court once again, seeking suspension of the trial. Notably, the plea had come after a sessions court in Islamabad had rejected the PTI chief’s request to temporarily defer his trial and ordered him to give his testimony.

Read PTI chief presents defence in gifts case

A day earlier, Islamabad High Court (IHC) Chief Justice Aamer Farooq had reserved the ruling on the petitions of the PTI chief, pertaining to his trial in an Islamabad court over Toshakhana gifts.

The PTI chief had challenged the jurisdiction of the additional district and sessions court of Islamabad for trying the case seeking transfer of the case to another court, besides alleging the judge’s bias.

The PTI chairman had also moved another petition in the IHC, challenging the additional district and sessions court's order of terminating his right to defence in the Toshakhana case.

The Toshakhana case was filed by the Election Commission of Pakistan (ECP) against the PTI chief for "deliberately concealing" the gifts he received during his term as the prime minister and retained them from the Toshakhana.