By Staff Reporter
ISLAMABAD: The Islamabad High Court (IHC) on Friday ordered a new hearing on whether to proceed with the trial of former Prime Minister Imran Khan, who is accused of concealing income from selling state gifts during his time in office, his lawyer said.
The ISC set aside a lower court verdict that had declared the case against Khan as maintainable for criminal proceedings, and directed the trial court to decide the matter again after re-hearing the case.
The case, filed by ruling party lawmakers, is based on a criminal complaint filed by the Election Commission of Pakistan (ECP).
The case alleges that Khan had “deliberately concealed” details of the gifts he retained from the Toshakhana – a repository where presents handed to government officials from foreign dignitaries are kept – and proceeds from their reported sales.
Khan has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.
The IHC also rejected Khan’s appeal to transfer the case to another court and issued a notice for next week on a petition to restore his right of defence in the Toshakhana trial.
“The matter is remanded to the trial court for decision afresh,” the IHC said in a detailed order, a copy of which is available with the IP, noting that the IHC was informed that the case was fixed for final arguments in the trial court today.
“The petitioner shall ensure addressing of arguments positively on the issue when the matter is fixed by the court for final arguments. The trial court shall address the issues raised in the referred petitions while deciding the matter,” the order reads.
It also directed the Federal Investigation Agency to inquire into the matter of certain alleged posts on the session judge’s Facebook account, involve everyone concerned in the matter and furnish a report to the IHC deputy registrar within a fortnight.
Commenting on the development, PTI Information Secretary Raoof Hasan questioned if the trial court deserved another opportunity to adjudicate the case if the IHC had “expressed lack of faith in the judgements of Judge Dilawar and about whom there is a strong impression of rabid partisanship”.
“This creates doubts about the IHC as well,” he stated.
Earlier in the day, the Supreme Court dismissed Khan’s plea against trial proceedings pertaining to the Toshakhana complaint after he withdrew his petition.
Khan was indicted in the Toshakhana case on May 10. However, Justice Farooq had stayed the proceeding and directed Additional District and Sessions Judge Humayun Dilawar to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the Toshakhana reference.
However, when the sessions judge had re-examined the matter, Khan’s counsel Khawaja Haris did not appear before the court to argue the case in three consecutive hearings. Finally, on July 9, ADSJ Dilawar while ruling that the reference was maintainable, revived the stalled proceedings and summoned witnesses for testimony.
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