IHC reserves verdict on Imran’s plea against Toshakhana, £190 million case jail trial

Justice Aurangzeb expresses displeasure over the absence of NAB officers

The Islamabad High Court (IHC) on Thursday reserved its verdict on the admissibility of petitions against the jail trial of PTI founder Imran Khan in the Toshakhana and £190 million NAB references.

The petitions seeking annulment of Imran’s jail trial in the two cases were heard by IHC judges Justice Miangul Hasan Aurangzeb and Justice Arbab Muhammad Tahir, with PTI counsel Sardar Latif Khosa representing the former premier.

Khosa, while reading out the jail trial notifications and giving reference to multiple court verdicts stated that they have challenged the two notifications regarding the Toshakhana and Al-Qadir Trust case jail trials.

He added that one of their petitions was allotted a number, while the other was not.

On Justice Aurangzeb’s question about approaching the court weeks after the notification issued in November 2023, Khosa replied that the reference against Imran was filed on December 20; which led to the discovery that a daily trial was being conducted.

“A division bench gave a short judgment of annulling the cypher jail trial on November 21, with no order being issued in this regard by any judge,” the judge added.

Khosa, agreeing to Justice Aurangzeb’s remarks, stated that the trial then commenced after the court verdict.

The judge stated that they were moving the court to determine the validity of the jail trial process and not to assess the place of trial.

“There were no suggestions by the judge in this case, and no one ordered to conduct the jail trial based on security concerns,” said Khosa.

Justice Aurangzeb asked Khosa if the trial had commenced before the reference was filed against Imran. To which, the PTI counsel stated that the trial was started before the reference was filed, questioning how the federal government was aware of filling a reference if the notification was issued after the start of the jail trial.

Khosa also highlighted that the appointment of the accountability court judge was also invalid.

Read: More Toshakhana witnesses give testimonies

He further informed the court that the PTI founder has even challenged the judge’s appointment, stating that the judge was appointed on deputation with his retirement just around the corner.

The judge is holding the trials daily, just to wrap up the case at the earliest, said Khosa.

Justice Aurangzeb questioned “If there is an accountability court in Islamabad, then the rest of the work is affected? Are the judges going to jail? Are the judges of the accountability court doing any other judicial work? Is that the only thing they do?”.

Khosa said Justice Gulzar Ahmed had been informed about three accountability courts in Islamabad. To which Justice Aurangzeb stated that the then PTI-led government had not approved the appointment of judges in the accountability court.

Only Imran’s cases are being heard with such speed, while other cases are still pending in the accountability courts; said Khosa.

Khosa remarked that the NAB was busy in hearing the cases daily with more witnesses expected to have their statements recorded in the case tomorrow.

Justice Aurangzeb stated that Toshakhana is a state treasury and the Cabinet secretary is its custodian.

Following these remarks, the court reserved its verdict on the petition's admissibility against the PTI founder's jail trial in both cases.

On November 21, 2023, IHC declared the proceedings of Imran's trial in jail in the cypher case null and void.

Approving the maintainability of the appeal, the court declared that the notification issued by the law ministry on August 29 -- which read that the Law and Justice Division had “no objection” to PTI chairman’s trial in the cypher case being held at Attock jail -- was without lawful authority and no legal effect “for want of an order by the appropriate government and fulfilment of requirements provided in Section 352 of the CrPC [Code of Criminal Procedure] as well as Rule 3 in Part-A of Chapter-1 in Volume-III of the Rules and Orders of the Lahore High Court”.

In its short order, the court also declared the law ministry’s notifications about Imran’s jail trial issued on September 12, September 25, October 3, and October 13 to be “without lawful authority and no legal effect”.