ISLAMABAD: Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan managed to secure some temporary relief in the Toshakhana case on Tuesday.

Setting aside the trial court’s order against Mr Khan’s challenge to the maintainability of Toshakhana case, IHC Chief Justice Aamer Farooq remanded the case back to the judge to re-examine the matter within seven days, keeping in view eight legal questions he framed to decide maintainability of the reference, based on an ECP complaint for concealing state gifts.

The questions included “whether the complaint has been filed on behalf of ECP by a duly authorised person”, “whether the decision of ECP dated 21.10.2022 is a valid authorisation to any officer of ECP to file a complaint”, “whether the question of authorisation is a question of fact and evidence and can be ratified subsequently during course of proceedings.”

The other questions framed for the trial court judge are related to technicalities.

In his verdict, the IHC chief justice observed that the trial court judge did not address these questions and dealt with this case in a “very cursory and shoddy manner”.

IHC orders trial court to reassess maintainability of ex-PM’s challenge within a week; PTI terms verdict a ‘major relief’

CJ Farooq observed that since the “trial court has left the issues undecided and has dismissed the application of the petitioner with scanty reasons which left the main legal issues undecided or unresolved, it would be only proper for the learned 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 as the foremost consideration.”

The IHC ruled, “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.”

PTI’s reaction

While the court has remanded the matter back to the trial court, the PTI termed it a major relief.

PTI’s Central Information Secretary Raoof Hassan said that IHC decision was testimony that fake, frivolous and fraudulent cases were registered against Mr Khan.

“Throwing out Toshakhana case by the IHC proves the fake, frivolous and fraudulent nature of cases registered against Imran Khan simply to get him out of the way of the criminal ruling mafia. Has never worked and will not work. Khan shall emerge ascendant in this political struggle to guide Pakistan to salvation,” he added.

The legal expert, on the other hand, hinted that the fate of the IHC decision could be like that of Panama Papers judgement when the PML-N distributed sweets without having fully understood the order.

Bail extended in corruption case

Similarly, an accountability court extended interim bail of Mr Khan and his spouse Bushra Bibi in the multimillion pounds scam.

During the course of hearing, NAB’s Deputy Prosecutor General Sardar Muzaffar Khan Abbasi told Judge Mohammad Bashir that despite the issuance of repeated call-up notices, Mr Khan did not join the investigations into the corruption case.

Also, Mr Khan’s interim bail was extended till July 13 in as many as 10 cases registered against him in different police stations of Islamabad for road closures, attack on police officials and violation of Section 144 of the criminal procedure code.

Published in Dawn, July 5th, 2023