Pakistan
IHC stops trial of Tosha Khana criminal case
Khawaja Haris requested that court should issue a restraining order on the criminal proceedings in the Tosha Khana case.
Islamabad: Islamabad High Court (IHC) Friday issued an injunction on Tosha Khana criminal case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan preventing the trial court from proceeding.
According to details, Chief Justice of Islamabad High Court (IHC) Aamer Farooq heard the case and accepted the miscellaneous appeal to stop the trial of Imran Khan. The court issued a notice to the parties at the request of Imran Khan against the admissibility of the case.
Chief Justice remarked that the proceedings of Tosha Khana criminal case will remain suspended until further notice. Two days ago, Imran Khan was indicted in the Tosha Khana case.
Imran Khan's lawyer Khawaja Haris told the court that complaint is not admissible as it was not filed by the competent authority.
Election Commission of Pakistan (ECP) did not send the complaint according to the law. It was filed by the District Election Commissioner and no letter was submitted by the Election Commission to appoint someone as the competent authority, added Haris.
He continued: “Election Commission only asked its office to file the complaint and complaint filed without the competent authority cannot be heard”.
The lawyer stated that the objection was raised before the trial court, who responded that the matter will be considered at the stage of evidence.
Lawyer presented his point stating that no further action can be taken on it. I rely on the documents filed by the prosecution along with the record.
On this, the Chief Justice said that there are other similar applications against the interim order.
The court asked whether it should be heard as a main petition. Khawaja Haris said: “It is also an objection that the matter should have gone to the Magistrate first”.
Khawaja Haris requested that the court should issue a restraining order on the criminal proceedings in the Tosha Khana case.
Court accepted the petition and issued a restraining order on the criminal proceedings in the case.
It is pertinent to note that Sessions Court had charged Imran Khan in the Tosha Khana case and the evidence was to be recorded.