Pakistan: Imran Khan approaches IHC for recusal of Chief Justice Aamer Farooq from Toshakhana case

Islamabad [Pakistan], July 3 : Pakistan Tehreek-e-Insaaf (PTI) Chairman Imran Khan approached the Islamabad High Court (IHC) on Monday seeking the recusal of Chief Justice Aamer Farooq from the bench that is hearing the petitions in connection with the Toshakhana case, Dawn reported.

The case pertains to the allegations that the former PM "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.

The gifts were bought from the Toshakhana for (PKR) 21.5 million on the basis of their assessed value while they were worth (PKR) 108 million. The reference was filed against the PTI chief by the Pakistan Democratic Movement in August last year.

In a petition filed by Barrister Gohar Khan on Monday, Imran Khan has said the arguments in the cases were yet to be completed as he sought the recusal of Justice Farooq from the bench on the grounds of "fair hearing, unbiased tribunal, access to justice and impartial proceedings", Daw reported.

Citing the petition, Dawn said the applicant had raised several legal and constitutional questions in the subject cases.

"The issues are unprecedented and their implications are far-reaching; the bench to decide these issues must, therefore, not only be unbiased and impartial, in fact but must also be seen to be unbiased and impartial," it stated, highlighting that "this is a long-standing principle" reiterated in several landmark judgments of the superior courts and applied to all proceedings.

The petition added that Imran believed he would not get "fair and impartial" justice from the bench.

The Toshakhana has also led to Khan's disqualification by the Election Commission of Pakistan (ECP). He was indicted in the case last month.

Notably, three identical petitions related to the said case were filed in the IHC against Imran's indictment and one seeking transfer of his case to another judge. After hearing the pleas, the court temporarily halted criminal proceedings against the PTI chairman.

The plea further stated that the writ petition against the ECP was pending and its withdrawal was not decided yet, forcing the applicant to face the trial before the additional sessions judge without it being decided whether the electoral body could have filed such a case in the first place, Dawn reported.

The plea is yet to be fixed for hearing.

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