Supreme Court refuses Imran Khan’s Toshakhana plea for immediate hearing
ISLAMABAD, Dec 27 (SABAH): The Supreme Court of Pakistan on Wednesday refused to conduct an immediate hearing of Pakistan Tehreek-e-Insaf (PTI) founder and former prime minister Imran Khan’s plea in the Toshakhana case.
Among other petitions, PTI also filed one seeking suspension of his conviction in the Toshakhana case to ensure he partakes in the general polls scheduled to take place on February 8 next year.
Two-member bench of the Supreme Court headed by Acting Chief Justice Sardar Tariq Masood and comprising Justice Minallah conducted hearing of the different cases on Wednesday.
Meanwhile, sharing his remarks on the plea, Justice Athar Minallah observed that the suspension of the trial court verdict against Imran Khan in the Toshakhana case cannot end his disqualification.
The PTI chief was disqualified for five years from holding any public office due to his conviction in the case.
The apex court, however, refused to fix the petition for hearing as only two judges of the SC were available owing to winter vacation.
On December 21, IHC’s two-member bench rejected Imran Khan’s request seeking suspension of the trial court’s verdict in the aforementioned case.
Addressing Imran Khan’s lawyer Sardar Shahbaz Ali Khan Khosa, Justice Minallah said the matter before the bench was that conviction should be overturned following suspension of sentence in the case.
“There is no judicial precedent in the country’s history that suspension of sentence led to the annulment of conviction,” he remarked.
Khosa responded by saying that there were judicial precedents when senior politician Makhdoom Javed Hashmi’s sentence was abolished along with the verdict.
“The court should see how Judge Humayun Dilawar issued five sentences in a single day,” the lawyer added.
Acting Chief Justice Sardar Tariq Masood told Khosa that this petition could be dismissed by a two-member bench, asking him if they should do so.
“A two-member bench cannot even give you interim relief because there is a division bench decision in the high court,” he remarked.
Justice Masood said the disqualification petition in the Toshakhana case should be fixed before a three-member bench.
“Only two judges are available in Islamabad. The Toshakhana case should be heard by at least a three-member bench,” the judge remarked.
The acting chief justice said hearing of the disqualification case is not possible this week.
“What if the case is on important points and should be heard by a five-member bench,” the acting CJP added.
“Next week, Qazi sahib will also come,” said Justice Masood referring to Chief Justice Qazi Faez Isa, who is on winter vacation.
Khosa said the court can still form a bench by summoning judges.
“The judges are not available here, you tell me who should sit and hear?” the acting chief justice asked the lawyer, after which the judges left the courtroom.
Earlier Imran Khan’s counsel Sardar Latif Khan Khosa claimed that documents were snatched from his staff and threats issued inside the court premises. Acting CJP Masood said this matter would be looked at on the administrative side, adding that there was no constitutional issue to be raised in the court. Khosa said this was akin to denying access to justice.
“Your petition contains very serious allegations,” Justice Athar Minallah remarked.
The PTI lawyers were then instructed to file an application against the snatching of their appeal, as the CJP said the relevant SP could be instructed for an inquiry on the administrative side.
Moreover, the Supreme Court hinted at hearing the PTI’s contempt petition tomorrow against the provision of a level playing field in the elections despite court orders. The contempt petition may be heard tomorrow, the acting CJP hinted.
Later in the day on Wednesday, the Registrar of the Supreme Court Ms Jazeela Aslam issued a circular stating that the cause list of the cases fixed for hearing on Thursday has been delisted due to the non-availability of the bench.