SC rules out immediate hearing of Toshakhana plea

The Supreme Court on Wednesday dismissed the request to immediately hear the plea challenging the disqualification of PTI founding chairman and deposed premier Imran Khan in the Toshakhana (gift repository) case – a development that dealt a major blow to his chances of contesting the upcoming elections.

The petitioner’s lawyer, Shahbaz Khosa, urged the SC to form a three-judge bench to hear the issue of disqualification in the Toshakhana case. However, acting Chief Justice of Pakistan Sardar Tariq Masood noted that only two judges were available in Islamabad because of the winter break, highlighting the need for a three-member bench for hearing the Toshakhana case.

Therefore, he added that a hearing on the Toshakhana case would not be possible this week. Justice Athar Minallah highlighted that the suspension of the disqualification would not lead to the former premier's sentence being put off. "The petition in front of us maintains that since the decision of the case has been suspended, the sentence [awarded to Imran] should also be set aside," Justice Minallah observed.

He added that such a decision was unprecedented in Pakistan's legal history. Khosa referred to the case against Makhdoom Javed Hashmi in which he claimed the veteran politician's conviction was also suspended along with the decision of the case. Justice Minallah remarked that there were very serious allegations in the application. Advocate Khosa responded that had the case been filed on time, the emergency situation on Wednesday could have been avoided.

Read Toshakhana reference against Imran, Bushra fixed for hearing on Dec 23

Speaking on the three-year disqualification imposed on the PTI founding chairman, the lawyer asked how Judge Humayun Dilawar --who adjudicated on the Toshakhana case -- conducted five hearings in a single day at such a rapid pace. Justice Masood clarified that a two-member bench could only reject the request, asking the petitioner's counsel if the court should do that.

He added that two judges of the SC would be unable to provide interim relief, as the decision rested with a division bench of the high court. "What if the case involves crucial points requiring a five-judge bench?" Justice Masood asked, adding that CJP Qazi Faez Isa would be back in court next week.

AThe acting CJP observed that only a three-member bench would hear the case. The lawyer persisted, suggesting that the court could form a bench without a cause list. In response, Justice Tariq Masood replied that they could not form a bench.
“Tell us who [which judge] to call for a hearing?" he continued.

The judges left the courtroom, concluding proceedings in the chamber. Earlier, the acting CJP noted that the petition related to a level playing field in the run up to the upcoming elections could be scheduled for hearing on Thursday (today). However, the SC registrar issued a notification later in the day that the top court had delisted all the cases scheduled for hearing on Thursday.

Read  Imran moves SC against Toshakhana verdict

A day earlier, Imran petitioned the SC seeking the annulment of his conviction in the Toshakhana case and challenging the verdict of the trial court. Meanwhile, a special court formed to hear cases related to the Official Secrets Act on Wednesday accepted the petition of PTI founding chairman and deposed premier Imran Khan to provide his biometrics for opening two new bank accounts.

Special Court Judge Abual Hasnat Zulqarnain was hearing Imran’s plea for opening the banks accounts. The special court directed the Adiala Jail superintendent to allow the bank staff to meet the former premier as per the prison manual. The PTI founding chairman is currently incarcerated at Adiala Jail in connection with the cipher case.

Imran’s lawyer Khalid Yousaf Chaudry told the court that his client’s account in a private bank of Islamabad had been deactivated.
He further informed the court that the PTI founding chairman wanted to open two new bank accounts, which would be used for the expenses of contesting the upcoming elections from Lahore and Mianwali.

The lawyer said Imran’s biometrics was required to reactivate the bank account in Islamabad and open two new ones.
He requested the court to allow the bank account staff to meet with his client in jail with biometric equipment.