Judge, PTI lawyer engage in heated exchange over completion of cross-examination of a witness in the Toshakhana case

ISLAMABAD, July 21 (SABAH): A district and sessions judge and lawyer for PTI chairman on Friday engaged in heated exchange over completion of the cross-examination of a witness in the Toshakhana case.

Additional Sessions Judge Humayun Dilawar resumed hearing of the case filed by the Election Commission of Pakistan (ECP) seeking criminal proceedings against the former prime minister for not disclosing the gifts retained from the state depository.

At the outset of the hearing, the judge inquired if both witnesses in the case were present in the court. The ECP lawyer replied in the affirmative. The judge then directed PTI lawyer Khawaja Harris Ahmad to cross-examine the witness.

“When did you join the ECP?” the PTI lawyer asked in first question to the witness who said he was employed in the commission in 2006 as election officer, adding that he joined the NIM training in May 2023.

When Khawaja Harris asked about his signatures on the complaint, he replied the complaint was computer generated and carried automatic verification. He told his affidavit, which was submitted on Nov 8, 2022, was also attached to the complaint.

At one point, the PTI lawyer said in his opinion the complaint submitted false affidavit as “it is also a false case”. He also pleaded the court to summon details of ECP proceedings in the case.

However, the judge disposed of the plea after the ECP lawyer argued that the commission’s decision had not been challenged in court.

Khawaja Harris later asked the court to adjourn the hearing till Monday as he was not prepared to complete the cross-examination of the suspect. Judge Dilawar remarked the cross-examination would be completed today as “we can’t leave it midway”.

The PTI lawyer replied he had been cooperating with the court, adding that he had also some other engagements. He said the cross-examination had already taken long.

The judge however denied giving more time, saying the case could not be adjourned till Monday and that next hearing would be held today (Saturday). The PTI lawyer said: “This will not work”.  “Have you ever left the cross-examination incomplete?” the judge asked and directed him to at least wrap up the cross-examination of the first witness.

“I need to get fresh, what will happen if the hearing is adjourned till Monday,” the PTI lawyer replied but the judge did not allow more time.

When judge again asked him to complete the process, the PTI lawyer said the cross-examination had already taken much time, adding: “The court then extend its working time to 24 hours as it [cross examination] continues for weeks”. “You want to complete everything today,” Khawaja Harris went ballistic.

The judge rejected his plea to adjourn the case till Monday and ordered him to turn up after Friday prayers to complete the cross-examination. The PTI lawyer said: “I am sorry as I won’t be available at that time”.