• Approaches IHC against decision on maintainability of ECP’s complaint
• LHC grants PTI chief protective bail in seven May 9 cases

ISLAMABAD / LAHORE: PTI chief Imran Khan on Tuesday challenged a trial court’s decision before the Islamabad High Court, over the maintainability of an ECP complaint seeking criminal proceedings against him on the charge of concealing Toshakhana gifts.

Meanwhile, the Lahore High Court granted interim protective bail to Mr Khan for two weeks in seven criminal cases relating to the May 9 violence. The LHC has also issued a notice to the PTI chief on a government appeal challenging a stay order he secured against an inquiry into an audio leak relating to the cipher controversy.

Mr Khan’s challenge in the Toshakhana case came after Additional District and Sessions Judge Humayun Dilawar last week declared the ECP’s reference as maintainable.

The trial court framed charges on May 10 against Mr Khan. However, IHC Chief Justice Aamer Farooq stayed the proceeding and recently directed the judge to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the Toshakhana reference.

The questions included whether the complaint had been filed on behalf of ECP by a duly authorised person, whether the ECP’s decision of Oct 21, 2022, was a valid authorisation to any officer of ECP to file a complaint, and whether the question of authorisation was a question of fact and evidence and could be ratified subsequently during the course of proceedings.

However, when the judge re-examined the matter, Mr Khan’s counsel Khawaja Haris did not appear before the court to argue the case in three consecutive hearings.

The counsel, however, filed the appeal against the trial court’s order before the IHC. He said the ECP did not file the complaint before the trial court in 120 days.

The appeal stated that the ECP did not follow the prescribed procedure in filing the complaint and requested the IHC to set aside the trial court’s decision.

The IHC’s single-member bench, comprising Chief Justice Aamer Farooq, is set to hear the appeal on Wednesday (today).

The Punjab police nominated Imran Khan in already registered cases regarding the May 9 riots based on supplementary statements of the arrested people.

Protective bail

Meanwhile, the Lahore High Court granted interim protective bail to Mr Khan on Tuesday for two weeks in seven criminal cases registered in four cities of Punjab relating to the May 9 riots.

The former prime minister appeared before a two-judge bench along with his counsel, Barrister Salman Safdar.

Mr Safdar argued that Mr Khan wanted to appear before the relevant courts to seek pre-arrest bail, but he might be arrested. Mr Safdar said it was humanly impossible for Mr Khan to appear before multiple courts simultaneously.

The bench, headed by Justice Ali Baqar Najafi, allowed the seven separate petitions of Mr Khan for protective bail in as many cases registered in Rawalpindi, Mianwali, Gujranwala and Faisalabad.

The bench directed the PTI chief to approach the courts concerned before the next hearing.

Notice issued to Imran

Separately, the LHC also issued a notice to the PTI chief on Tuesday on a federal government appeal challenging a stay order secured by him against an inquiry into an audio leak relating to the cipher controversy.

In December, the high court suspended a call-up notice issued to Mr Khan by the Federal Investigation Agency (FIA) in the cipher inquiry.

On behalf of the government, Deputy Attorney General Asad Ali Bajwa argued before the court that the FIA had launched the inquiry with lawful authority and summoned Mr Khan.

He said the former premier concealed facts before the court and secured a stay order against the call-up notice issued by the investigation agency.

Mr Bajwa asked the court to withdraw the order, which he said was passed without hearing the government’s point of view.

Published in Dawn, July 12th, 2023