The Islamabad High Court (IHC) on Tuesday overturned the ruling of a sessions court wherein it had rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition to declare the Toshkhana case inadmissible.

IHC Chief Justice Aamer Farooq pronounced the verdict reserved on June 23 on a petition filed by the former prime minister, challenging the Toshakhana trial proceedings. The verdict came a day after the PTI chief petitioned the court for Justice Farooq’s recusal from the bench.

In a verdict, a copy of which is available with Dawn.com, the IHC asked the sessions court to consider the ex-PM’s plea as pending and decide it afresh within seven days.

“The application in question shall be deemed to be pending and decided afresh by the learned trial court within seven days from the receipt of this judgment, keeping in view the law in question and observations made above,” the court order reads.

The IHC also observed that the sessions court had left the “issue undecided and dismissed the application of the petitioner with scanty reasons which left the main legal issues undecided or unresolved”.

It added that it would be only proper for the trial court to decide the application afresh after hearing the parties with detailed reasons keeping in view the provisions of Article 10-A of the Constitution.

Imran was indicted in the Toshakhana case on May 10, as Additional Sessions Judge Humayun Dilawar had dismissed his objections regarding the admissibility of the case.

Subsequently, the ex-PM approached the IHC, which granted a stay on criminal proceedings until June 8. After the hearing resumed last month, Justice Farooq reserved his judgment on the petition on June 23, which he announced today.

Imran’s lawyer, Gohar Khan told reporters outside the court that the case was dismissed due to a lack of grounds to maintain it.

In the PTI chief’s plea seeking the recusal of the IHC chief justice, Imran assailed the IHC chief justice for not granting him permission to “drive the vehicle inside the court”, not relaxing the requirement of biometric verification and not declaring his May 9 arrest illegal.

He also referred to the case of his alleged daughter Tyrian-White Jade Khan and said: “An important case was decided by two learned judges [Justice Mohsin Akhtar Kayani and Justice Arbab Muhammad Tahir] but the learned chief justice did not allow that to be published and when one of the learned judges directed the office to upload the judgement, it was taken down after issuance of a press release.”

IHC verdict ‘a victory for PTI’: Imran’s lawyer

Speaking to reporters outside the IHC, Gohar Khan, the lawyer representing the PTI chief, stated that they had lodged a complaint with the IHC, challenging the admissibility of the Toshakhana case against the former Prime Minister as presented by the trial court.

Gohar said: “The reference filed by the ECP against the PTI chief in October 2022 has been dismissed due to lack of grounds for maintaining it.”

He expressed gratitude to God for granting the party the victory they had been eagerly awaiting for a year.

He urged PTI workers to show their appreciation by prostrating before God in thanks for the relief granted to the party chief.

Toshakhana case

The case, filed by ruling party lawmakers, is based on a reference filed by the Election Commission of Pakistan (ECP). The reference alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.

Imran has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.

On October 21, 2022 the ECP concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.

The Toshakhana is a department under the Cabinet Division that stores gifts given to rulers and government officials by heads of other governments and foreign dignitaries. According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.

Subsequently, the ECP had approached the Islamabad sessions court with a copy of the reference, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.

Murder of lawyer in Quetta: SC rejects Imran’s plea against bail cancellation

Meanwhile, the Supreme Court rejected the PTI chief’s application against the Balochistan High Court’s (BHC) decision to reject his plea seeking to quash the FIR and arrest warrants registered against him in connection with the murder of senior lawyer Abdul Razzaq Shar in Quetta.

In his petition, Imran had argued that the BHC had, without considering the actual facts of the matter, dismissed his petition in the preliminary stage. The petition urged the SC to set aside the high court’s June 15 order and quash the FIR.

A two-judge SC bench comprising Justice Ijazul Ahsan and Justice Ayesha A. Malik heard the case.

During the hearing, Imran’s lawyer Sardar Latif Khosa contended that his client’s life was in danger and urged to court to bar authorities from arresting him. He also read out the FIR registered against Imran and said that the deceased’s son had registered a case against the ex-premier on terrorism charges.

Justice Ahsan then asked who determines that terrorism charges will be added to the case. Khosa replied that it was the station house officer’s (SHO) primary responsibility.

“If the SHO’s decision is incorrect, will an application be sent against him in an anti-terrorism court?” Justice Ahsan asked, noting that it was the petitioner’s right to approach the correct forum for the redressal of his grievances.

The court subsequently rejected Imran’s plea for issuing a stay against the BHC and for granting interim bail. The court also sought details of the case from the government lawyer and issued notices to the respondents, including the Balochistan prosecutor general.

Separately, the IHC granted the PTI chief 14-day protective bail in the Quetta lawyer murder case.

Bail of Imran, wife extended in Al-Qadir Trust case

Meanwhile, the PTI chairman was granted bail by various courts in Islamabad in a number of cases registered against him.

An accountability court extended Imran and his wife Bushra Bibi interim bail in the Al-Qadir Trust and Toshakhana cases till July 13.

An anti-terrorism court provided bail to the PTI chief in three cases registered against him under terrorism provisions — two at Khana police station and one at Bhara Kahu police station — till July 10.

Additional District and Sessions Judge Tahir Abbas also extended the former prime minister’s interim bail in 6 miscellaneous cases till July 10.

In two cases against the ex-premier at Shahzad Town police station, Additional Sessions Judge Farrukh Farid Baloch extended his interim bail till July 10.

Lastly, Additional Sessions Judge Sikandar Khan extended the PTI leader’s interim bail in a case registered against him at the Margalla police station till July 19.