IHC sets aside gifts case maintainability ruling

Orders ADSJ to decide matter afresh; rejects PTI chief's appeal for transfer of Toshakhana case

ISLAMABAD:

The Islamabad High Court (IHC) on Friday set aside a lower court’s decision on maintainability of the Toshakhana case against the Pakistan Tehreek-e-Insaf (PTI) chairman and ordered the same court to hear and decide the matter afresh
Chief Justice Aamer Farooq, while announcing the reserved rulings on multiple petitions of the Pakistan Tehreek-e-Insaf (PTI) chairman, rejected the request for stopping the trial and transferring it to another court.

On the PTI chief’s petition against the trial court’s rejection of his witnesses list and his right to defence in the ongoing trial, the IHC issued notice to the Election Commission of Pakistan (ECP).

The Toshakhana case is being tried by Islamabad Additional District Sessions Judge (ADSJ) Humayun Dilawar. The case, filed by the ECP accused the PTI chief for "deliberately concealing" the Toshakhana [government repository] gifts.

The PTI chief had twice sought relief from the apex court in the matter. A three-member bench of the Supreme Court, headed by Justice Yahya Afridi, disposed of the plea for staying the case, on the basis of withdrawal.

The PTI chief had moved multiple petitions in the IHC, challenging the jurisdiction of the ADSJ for trying the case and raising other questions against its order of rejecting his right to defence in the case.

A day earlier, Chief Justice Farooq had reserved the ruling on these petitions. The chief justice ordered that the petitioner should give the final arguments, when the trial court called.

“The matter [maintainability] is remanded to the trial court for decision afresh,” the IHC said in a detailed order, noting that the court had been informed that the case was fixed for final arguments in the trial court.

The chief justice ordered that the trial court would address the issues raised in the petitions, while deciding the matter. The ruling also said that the petitioner should argue on the issues, when the matter was fixed by for final arguments.
While, rejecting the request for transferring the Toshakhana case to another court, the chief justice noted that there were decisions of the higher courts that the case could be transferred only on the basis of concrete reasons and evidence.

On the matter of some alleged Facebook posts the ADSJ’s account, the court said that ADSJ Humayun Dilawar denied the posts attributed to him. It also said that the ECP lawyer also said that the posts attributed to the judge were fake.
The order directed the Federal Investigation Agency (FIA) to inquire into the matter of the alleged posts on the ADSJ’s Facebook account, and furnish a report to the IHC deputy registrar within a fortnight.

After the ruling, ADSJ Dilawar adjourned the hearing of the case until Saturday (today) morning and summoned the PTI Chairman and his lawyer to present arguments on the maintainability of the case.

The judge also called the PTI chairman's lawyers to present final arguments, otherwise, the decision will be announced on Saturday (today). He noted that the ECP lawyer had already presented the final arguments.

Earlier, in the day, ECP lawyer Amjad Parvez completed his arguments in the case, telling the court that the PTI Chairman had admitted the charge in his statement to the court, therefore, the prosecution did not need to prove the case.

He said that the accused had admitted that the gifts were taken from Toshakhana, adding that the PTI Chairman claimed that his tax returns would prove that he did not commit dishonesty.

However, the lawyer continued, that the PTI chief’s tax returns had nothing to do with the case. He said that the PTI chief submitted a list of four witnesses who were tax consultants, therefore, it was rejected.

Parvez further argued that it was unbelievable that the PTI chairman did not have a single car or jewellery. “In four years, the PTI chairman had only four goats. Is it acceptable?”

In the Supreme Court, meanwhile, Justice Afrid0-led three member bench disposed of the petition for stopping the Toshahkhana case trial after the PTI chief withdrew the petition.

The court said that the ECP lawyer had said that the trial court could not take a final decision until the transfer request was decided. Justice Afridi said that the bench was not hearing this case on merits.

Separately, another bench, led by Justice Afridi and including Justice Mazahar Ali Akbar Naqvi and Justice Hasan Azhar Rizvi, will hear the PTI chairman’s appeal against his nomination in the Quetta lawyer murder case on August 9.

Also the PTI chairman has been summoned by the National Accountability Bureau (NAB) Rawalpindi Office over the £190 million corruption case. He has been directed to appear before a joint investigation team on Saturday (today).

In the case, Accountability Court judge Muhammad Bashir extended the interim bail of the PTI Chairman and his wife, Bushra Bibi, by one day, allowing the request for exemption from personal appearance in the court.

Similarly, the Islamabad Police have also summoned the PTI Chairman on Saturday in a case filed at Tarnol police station and a case filed with the Karachi Company police.

(WITH INPUT FROM JAHANZEB ABBASI)