CJP forms three-member bench to hear PTI Chairman’s plea against Toshakhana case

ISLAMABAD, August 1 (SABAH): Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Tuesday constituted a three-member bench to hear a petition filed by the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to stop trail against him in the Toshakhana case in a lower court of Islamabad.

The bench headed by Justice Yahya Khan Afridi and comprising Justice Sayyed Mazahar Ali Akbar Naqvi and Ms. Justice Musarrat Hilali would hear the plea of the former prime minister tomorrow (Wednesday) at 11:30 AM.

Imran Khan in his petition made district election commissioner Islamabad party. A day earlier, the PTI chairman filed the appeal in the Supreme Court and requested it to stop proceedings of recording his statement under Section 342 in the case, which was initiated after the Election Commission of Pakistan (ECP) found him guilty of not declaring the gifts he had retained from the state depository in his asset declarations.

He said the proceedings should be halted until the Islamabad High Court (IHC) announces its ruling on the jurisdiction of the trial court. He cited a previous decision of the top court that says the jurisdiction of the court must be decided first.

This is the second time the PTI chairman has moved the Supreme Court against the Toshakhana case. Last week, a two-member bench, headed by Justice Yahya Afridi, had turned down a petition filed by him seeking an order to restrain trial in the Toshakhana case.

The bench had sent the case back to the Islamabad High Court (IHC) to re-examine it. The former prime minister filed petition in Supreme Court against the IHC’s directive to the trial court that had asked for a re-examination of the maintainability of the Toshakhana case.

In the current appeal, it has been requested to stop the trail of Toshakhana case till High Court delivers final decision. In the light of Supreme Court’s verdict, there was a need to issue verdict on the court’s jurisdiction but neither IHC stopped the trail nor it issued any verdict in connection with stay order which is why Supreme Court has been requested to issue stay order against the proceedings of trail court or it should issue some suitable order on the matter.