SC Rejects Khan’s Plea for Stay in Toshakhana Case

Wed Jul 26 2023
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ISLAMABAD: The top court Wednesday turned down a request of Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan for staying his trial in Toshakhana criminal case.

The court disposed of the PTI chief’s plea against a high court decision. The apex court ruled that it would not be proper to interfere with the trial court’s proceedings.

The Election Commission of Pakistan (ECP) lawyer told the court that the high court had remanded the case back to the trial court, which conducted a re-trial and declared the case maintainable. Amjad Pervaiz said the PTI chairman was again challenging the maintainability of the case. He said Imran’s re-appeal in the high court is scheduled for hearing tomorrow (Thursday).

The court had also issued notice to the ECP on Imran Khan’s appeal. A division bench of the Supreme Court headed by Justice Yahya Afridi heard the case.

Khawaja Haris, Imran Khan’s lawyer, requested the court to transfer the case to another judge. “We also challenged the jurisdiction of the court,” he remarked and added the high court did not decide their two requests.

Justice Afridi said the matter of jurisdiction should have been decided first. “We will request the high court to decide all the applications together,” he remarked. Khawaja Haris told the court that the trial court has called his client for recording a statement under Section 342 and requested for staying the trial in the case for just one day (Wednesday). “We are referring your case to the Islamabad High Court,” Justice Musarrat Hilali said, saying, “How could we issue directions to the trial court?”

 

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