SC terms Toshakhana case verdict inappropriate in review
Trial court made mistakes in its decision, the matter is in high court, remarks chief justice
LAHORE MIRROR — While hearing the appeals of PTI Chairman Imran Khan in the Toshakhana case, the Supreme Court of Pakistan has declared that the trial court’s decision in the case was incorrect in retrospect
A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, and comprising Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhel heard the case. The chief justice remarked that the trial court made mistakes in its decision in retrospect, adding that the matter is in the high court, so the apex court was not interfering today.
CJP Bandial asked the Islamabad High Court to hear the appeal tomorrow, or they will hold the proceedings again at 1pm. He also said that defects have been revealed in the trial court’s decision. The decision of the trial court to declare the case maintainable was annulled by the high court and it was asked to decide the case afresh on some other points.
But the trial court reinstated the same invalid decision and pronounced the sentence, the CJP added.
The CJP asked what opportunities for justice have been given to Imran Khan. The trial court called the case thrice, sentenced the suspect and sent him to jail, adding that the PTI chief was not heard.
Amjad Pervaiz, the lawyer for the Election Commission of Pakistan, said the trial court had given three chances to the suspect before announcing the decision.
Justice Naqvi inquired as to how the trial court decided the Toshakhana case without giving the right of defense, adding what was the haste in announcing the Toshakhana case verdict.
During the hearing, lawyer Latif Khosa told the court on behalf of Imran Khan that the National Assembly speaker had sent the reference against the PTI chief to the Election Commission of Pakistan. He added that the ECP could take action within 120 days.
It is pertinent to mention here that PTI Chairman Imran Khan had challenged the August 3 decision of the Islamabad High Court. The PTI had filed an appeal against the high court’s decision on August 5.
The Islamabad High Court had sent back the issue of the Toshahkhana case being maintainable to the lower court. Imran Khan had also requested to suspend the trial of the case.
