Monday, September 25, 2023

Hearing continues on Imran Khan’s appeal against Tosha Khana criminal case verdict

A 3-member bench of the Supreme Court headed by the Chief Justice is conducting the hearing

** In the Supreme Court, the appeal against the verdict of the Chairman PTI in Tosha Khana criminal case is going on. The Supreme Court has indicated to send the case back to the Islamabad High Court. The Chief Justice remarked, “A building built on a wrong foundation cannot always fall”.

A 3-member bench headed by Chief Justice Umar Atta Bandial is hearing the petition of Imran Khan. The other 2 members of the bench include Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandukhel.

At the beginning of the appeal hearing against a decision of the District Election Commission Islamabad and the Islamabad High Court in the Tosha Khana criminal case, chairman PTI’s lawyer Latif Khosa started the arguments.

The Chief Justice said that there are 3 applications before us, on which Imran Khan’s lawyer explained that appeals have been filed against various decisions to file the application.

Latif Khosa, who gave arguments regarding the details of the declarations submitted by Imran Khan in the Election Commission, said that Imran Khan was elected MNA from Mianwali in 2018, he was accused of hiding his and his wife’s assets in the nomination papers. was

Latif Khosa said that the Member of Parliament is obliged to submit the details of his, wife and children’s assets to the Election Commission by December 31 every year. Six MNAs sent a reference to the Speaker National Assembly against Imran Khan, accusing him of submitting a false declaration regarding assets. The Speaker sent this reference to the Election Commission.

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Imran Khan’s counsel read Section 137 and 4 of the Election Act on the inquiry of Justice Mazahar Ali Akbar Naqvi. He said that according to the law, the Election Commission can act within 120 days.

Justice Mazhar Naqvi inquired whether one member can send a reference against another.

In response, Latif Khosa said that no member can send a reference, the Election Commission itself can take action within a fixed time.

On the inquiry of Justice Mazahar Ali Naqvi, Latif Khosa read Section 137 and Sub-Section 4 of the Criminal Code.

If the appeal is accepted, where will the case go?
Justice Jamal Khan Mandukhel inquired that if your appeal is accepted, then the trial court has already pronounced the decision, then where will the case go. On this, Latif Khosa said that we have also challenged the legal status.

Justice Mazhar Naqvi remarked that you did not challenge the legality of the complaint, then what are you saying? In response, Imran Khan’s lawyer Latif Khosa said, “We have challenged the legality of the complaint”.

Justice Jamal Mandukhel inquired that your case is not pending in the trial court, where will we send it after hearing the case.

“Supreme Court can invalidate all this exercise,” Khosa said. Khawaja Haris’ secretary was also kidnapped on the day of the verdict. Access to justice continued to be blocked.

The Chief Justice inquired that, you attached the summary of facts with the application, do you say that the complaint should have gone to the Magistrate instead of Additional Sessions?

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The main case has been decided, has it been challenged?
Meanwhile, Justice Jamal Mandukhel remarked, the present case is not whether a reference could have been sent against Chairman PTI or not, you have come against the decision of the Islamabad High Court. Challenged?

The Chief Justice inquired, “You challenged the issue of jurisdiction, and you yourself are saying that the case is pending in another court.”

Justice Jamal Khan Mandukhel then asked Latif Khosa, will hearing this case of the Supreme Court not affect the decision of the main case, if your appeal is accepted, then the trial court has given its decision, then where will this case go.

Latif Khosa said that the court will have to return the hands of the clock to the previous position.

The Chief Justice remarked, ‘A building built on a wrong foundation cannot fall every time’.

The petition is filed in the court where the contempt has been committed
Chairman PTI’s lawyer Latif Khosa said, “Election Commission decided to file a complaint by disqualifying Imran Khan on October 21, against which the Lahore High Court was approached and it declared that no criminal action will be taken till the second.” .

On this, the Chief Justice inquired whether a petition for contempt of court had been filed in the Lahore High Court. In response, Latif Khosa said that he will file a petition for contempt of court in the Supreme Court.

The Chief Justice explained that the petition can be filed where the court was insulted.

Latif Khosa added in his arguments that in the light of the Election Commission’s decision, the District Election Commissioner filed a criminal complaint, the Election Commission had not given him the authority to file a case.

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The Chief Justice inquired that what is your position in the Sessions Court that the complaint was not admissible? Latif Khosa replied that, “Our position is that Tosha Khana’s complaint should have gone to the magistrate first”.

The Chief Justice remarked that according to him, only the Trial Sessions Court can take the preliminary action on this matter by conducting a Magistrate.

Justice Jamal Mandukhel said, “It is stated in the law that the magistrate will review the complaint and send it to the session court. What does the law mean for the review by the magistrate?”

Lawyer Latif Khosa replied, “This means that the magistrate will review whether the complaint is made or not?” Section 302 if the murder has not happened

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