IHC to hear PTI chief’s plea seeking suspension of sentence

ISLAMABAD: The Islamabad High Court (IHC) is set to conduct hearing into a petition challenging the trial court verdict in the Toshakhana case against Pakistan Tehreek-e-Insaf (PTI) chief on Wednesday (tomorrow).

The plea filed by former premier’s lawyers Khawaja Haris and Barrister Gohar Khan contended that “the decision of the trial court in the Toshakhana case is against the law”, calling for the verdict announced by Additional District and Sessions Judge (ADSJ) Humayun Dilawar to be nullified.

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The petitioner’s counsel have requested the IHC to issue an order for the release of the PTI chief by suspending the sentence till a final verdict on the main appeal.

It stated that the judgment passed by the trial court judge was “tainted with bias, is a nullity in the eye of the law and is liable to be set aside”.

Explaining the grounds for its request, the plea said that the Aug 5 order was passed “with the pre-disposed mind” of the trial court judge to convict and sentence the appellant “irrespective of the merits of the case”.

It said the order was issued without providing the petitioner with a chance to fight his case and alleged that ADSJ Dilawar had refused to hear the arguments of Khawaja Haris, Imran’s counsel in the Toshakhana case, on the pretext that he was late — which the plea claimed was because he was filing other applications with the Supreme Court and IHC.

“The impugned judgment was announced despite the fact that before commencement counsel for the appellant was very much in court fully prepared to address arguments after explaining the reasons for the delay in arriving in court, but the trial judge, who throughout the proceedings had been exhibiting his extreme bias towards the appellant and his counsel, and constantly using disparaging remarks against them, even in their absence, was bent on carrying out a well-orchestrated plan […].”

This, the petition said, was a “slap in the face due process and fair trial” and “a gross travesty of justice”.

It further alleged that the Aug 5 judgment was “already written” by the trial court judge, highlighting how the latter only took “30 minutes” to “dictate more than 35 pages” of the judgment.

Moreover, the petition said the verdict was in violation of the IHC’s Aug 4 orders, in which the high court had asked the trial court to “decide afresh” on the PTI chief’s application pertaining to the maintainability of the Toshakhana case.

The petition subsequently prayed that the trial court verdict be set aside, while also urging the court to declare Imran’s conviction and sentence “illegal and without lawful authority”, and to acquit him of the charges.

IHC Chief Justice Aamer Farooq heard the plea and ordered the registrar to allot a number to the petition seeking shifting of the party’s chairman from Attock Jail to Adiala.

“The court will issue order regarding jail facilities as per the Pakistan Prisons Rules,” IHC judge remarked.

Former premier was arrested from Lahore and sent to  Attock jail on Saturday after an Islamabad trial court sentenced him to three years in prison for making false declarations about his assets before the Election Commission of Pakistan (ECP).

In addition to the conviction, ADSJ Dilawar also disqualified PTI chief for five years, ending his prospects for running for public office during the upcoming general elections.

Read more: Toshakhana case: 3 years jail, 5 years disqualification for PTI chairman

Hum News