Supreme Court returns Imran Khan’s plea for verdict suspension in Toshakhana case
Barrister Gohar Ali Khan announces to approach PHC or SC in bid to regain ‘bat’ electoral symbol
Says ECP’s order is not sustainable
ISLAMABAD ( Web News )
The Supreme Court of Pakistan on Saturday returned the petition filed by the founder of the Pakistan Tehreek-e-Insaf (PTI), seeking to suspend the verdict in the Toshakhana case, citing certain objections.
The apex court’s Registrar Office returned the PTI founder’s plea, objecting that the documents submitted with the appeal were incomplete. However, it stated that the appeal could be resubmitted along with all relevant documents by Jan 6 next year.
Earlier on Saturday, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan petitioned the Supreme Court against the Islamabad High Court’s (IHC) order on the Toshakhana case. District Election Commissioner Islamabad has been made party in the case.
With hopes of relief for Imran Khan, who remains “disqualified” to hold any public office for five years, the move comes as the party scrambles for the removal of a ban on the former prime minister, which is the only way for him to contest in upcoming general elections.
In the latest blow to the incarcerated PTI supreme leader ahead of the February 8 polls, the IHC had earlier dismissed his plea seeking suspension of the trial court’s verdict in the Toshakhana case.
In his plea filed in the IHC — the same court that had suspended his sentence — Imran Khan had sought to nullify the conviction.
In the fresh petition, Imran Khan appealed the IHC’s verdict to be stayed, stating that his sentence in the Toshakhana case had already been suspended.
He contended that he is being denied his fundamental right to contest elections due to the suspension of only his sentence instead of the entire order of conviction by the trial court, which bars him from running for office.
“That taking advantage of the error in the order of the Islamabad High Court … wherein although the sentence of the petitioner was suspended but the order was not, the Election Commission of Pakistan issued a notification … and disqualified the applicant under article 62(1)(f) of the Constitution of Islamic Republic of Pakistan, 1973, without even giving him an opportunity of being heard thereby blocking the fundamental rights, as enshrined under article 2, 2A, 4,9, 10A 15, 16, 17 & 25 of the Constitution, of the petitioner, to contest elections who at the time was heading the largest political in the country,” the petition stated.
He had requested the apex court to annul the high court’s decision about the sentence in the Toshakhana case, so that he could participate in the elections.
The IHC’s two-member bench had on December 21 turned Khan’s request for the suspension of his conviction, which would have paved the way for his eligibility to stand in elections. Now, there’s only one day left to submit nomination papers.
IHC’s two-member bench — comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri — said in its order that the PTI founder’s petition was not maintainable, therefore, it was dismissed.
The 70-year-old cricketer-turned-politician was sent to jail for three years on August 5 after being found guilty of selling state gifts during his 2018-22 tenure as prime minister — charges he denies.
PTI approach PHC or SC in bid to regain ‘bat’ electoral symbol
Pakistan Tehreek-e-Insaf (PTI) now-former chairman Barrister Gohar Ali Khan on Saturday announced that the party would approach the Peshawar High Court (PHC) or the Supreme Court of Pakistan against the Election Commission of Pakistan’s (ECP) decision stripping of the former ruling party’s iconic election symbol — ‘bat’.
Talking to journalists outside Adiala Jail in Rawalpindi, Barrister Gohar said that PTI’s petition for regaining the ‘bat’ electoral symbol would be filed on Tuesday morning, adding that consultation in this regard had almost been completed.
Without naming the ECP, the PTI leader said that all of their efforts were aimed at depriving his party of the 227 reserved seats. The PTI leader saw a conspiracy behind the ECP’s recent order.
A day earlier, he had said: “Currently, there are 70 reserved seats in the National Assembly. The total number of reserved seats in Pakistan is 227. The seats are divided among those parties who have election symbols [as par their parties’ strength in the assemblies].”
The lawmakers elected on reserved seats play a crucial role during the elections for the slots of president, prime minister, chief minister, and Senate chairman.
Responding to a question on Saturday, Barrister Gohar said: “ECP’s order is not sustainable. It is contradictory.” He was confident that PTI would get relief when they challenged the order in the court.
“[PTI’s] electoral symbol will be restored,” hoped Barrister Gohar, who is also a lawyer by profession. The PTI leader said that his party was waiting for the certified copy of the ECP.
To another query, the lawyer said that the PTI could challenge the ECP’s order in the apex court under Article 184 of the Constitution.
“Imran Khan was, is and will be the chairman of the PTI,” the barrister said, adding that he was fulfilling the responsibilities assigned by Khan. Gohar further said that he would continue to deliver the responsibilities until Khan comes out of jail.
Talking about the level playing field, he said that PTI candidates were not being allowed to submit their nomination papers for the upcoming general elections in the country, slated to be held on February 8.
To a question about Khan’s jail trial, the lawyer termed the process “illegal and in violation of the IHC’s order”.
In November, the IHC nullified the notification for conducting former prime minister’s jail trial on charges of leaking state secrets — issued on August 29.
However, the special court established under Official Secrets Act had resumed the cipher trial afresh last week at the Adiala jail after Khan was indicted for a second time in the case on December 13.
“All this is being done to keep PTI out of politics”. Unfair election would lead to chaos and anarchy in the country, warned the PTI leader.
On her part, Aleema Khan — Imran Khan’s sister — said they were all set to file cases in the US and UK today (Sunday) against the PTI founder’s detention.