Imran Khan moves Islamabad HC for suspension of trial court verdict in Toshakhana case

Islamabad [Pakistan], October 6 : Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Thursday moved the Islamabad High Court (IHC) seeking suspension of the trial court verdict in the Toshakhana case, Geo News reported.

Geo News is a Pakistani news channel.

This comes in a bid to overturn his disqualification by the Election Commission of Pakistan (ECP).

The PTI chief's lawyer in the plea contended that they had requested the IHC to completely suspend the trial court verdict that had convicted their client in the Toshakhana case. However, it added that the IHC in its August 28 verdict only suspended the sentence of the PTI chief and not the trial court order.

The plea stated: "That it is settled principle of law that inherent powers of High Court are very wide and undefinable. High Court can make all such orders to do real and substantial justice and it is a fit case to exercise the powers under Section 561-A Cr.P.C. as the omission in not recording the contentions of the learned counsel for the applicant/appellant at the bar praying for suspension of the impugned order dated 05.08.2023 and subsequent non mentioning of the same in the order dated 28.08.2023 is an omission floating on the face of the order."

The petition further contends that Khan's "rights" faced "serious prejudice" because of the non-suspension of the trial court verdict as ECP barred him from contesting elections.

"However, the same has caused serious prejudice to the rights of the applicant/appellant as he has been disqualified from contesting the election by the ECP's Notification dated 08.08.2023 on the basis of the impugned order of conviction /sentence, hence, the interest of justice demands that the omission stated heretofore may be rectified by exercising the powers under Section 561-A Cr.P.C. and the operation of impugned order may very graciously be ordered to be suspended/stayed till final decision of the appeal," states the petition, as per Geo News.

The petition further states that the disqualification order by the ECP was issued in "haste" despite the conviction not attaining "finality"

The petition said: "The animosity against the petitioner was not simply confined in getting his conviction, disqualification from contesting election but attempts are being made to remove him from head of party and even proceedings to take away the symbol and throw him out of the arena of general elections being a largest party in Pakistan, the entire leadership of PTI is either incarcerated or amongst the missing persons beside hundreds of false cases registered against loyalist resulting in incarceration and unending ordeal."

The petition urged the court to suspend the verdict in the "interest of justice".

In August of this year, the ECP disqualified the PTI chairman for five years following his conviction in the Toshakhana case.

The election body stated that the PTI chief was disqualified after being found guilty of corrupt practices under Section 167 of the Elections Act, 2017 and his sentencing for three years.

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