PTI to file reference against IHC CJ for not suspending Imran Khan’s sentence

Islamabad: Pakistan Tehreek-e-Insaf (PTI) on Tuesday decided to file a reference against Chief Justice Aamer Farooq of the Islamabad High Court (IHC).

 This decision follows a recent ruling by an IHC bench headed by Chief Justice Aamer Farooq, which declined to suspend the sentence of former Prime Minister Imran Khan in the Toshakhana case.

The PTI Core Committee, entrusted with party matters due to the detention of its chairman, expressed strong condemnation for the case's adjournment by the IHC until Thursday, August 24.

A statement issued by the party declared, "In order to safeguard the independence of the judiciary, it has been determined that a reference will be submitted to the Supreme Judicial Council against Chief Justice Aamer Farooq of the Islamabad High Court."

Furthermore, the statement appealed to Chief Justice of Pakistan (CJP) Umar Ata Bandial to take notice of the manner in which Chief Justice Aamer Farooq delivered the recent decision.

The PTI urged the CJP to ensure a fair trial for its chairman under Article 10-A of the Constitution. The party called upon Chief Justice Aamer Farooq to recuse himself from the case immediately.

چئیرمین عمران خان کے ٹرائل میں تاخیر پر تحریکِ انصاف کی شدید مزمت اور اعلامیہ جاری:#انصاف_کا_قتل#StopAbusingOurRights pic.twitter.com/6GCOPOssBz

— PTI (@PTIofficial) August 22, 2023

Accusing the Islamabad High Court chief justice of trivializing the principles of law and justice, the PTI asserted, "Delaying justice is akin to murdering justice." The party also alleged that the adjournment was a part of an ongoing pattern of hostility and aggression directed against their party chief.

In the course of the hearing, the IHC bench, led by Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, dismissed the Election Commission of Pakistan's (ECP) request for a two-week extension to secure records and formulate arguments. Instead, the hearing was postponed until August 24.

This development arose during the plea hearing filed by Imran Khan, seeking suspension of his conviction by a sessions court in the Toshakhana case.

Advocate Amjad Pervaiz, representing the ECP, requested the court to grant him a two-week extension to gather verified case records. On the contrary, PTI chief's lawyer Latif Khosa opposed the request, reminding the court that the ECP had been summoned to respond on this day as per a prior notice.

Khosa contended, "The sentence handed down to the PTI chairman by the trial court is unlawful, as it violated his right to a defense. The judge lacked the jurisdiction to preside over this case. Our chairman is not seeking preferential treatment but is asserting his fundamental rights." He appealed to the IHC to suspend the sentence without delay.

In contrast, the ECP's lawyer stated that he had not yet received the verified case records and requested at least ten days to prepare arguments.

Rejecting both sides, Chief Justice Aamer Farooq replied, "We will not listen to either Mr. Khosa or you [ECP lawyer], and we will reconvene for this matter the day after tomorrow." Subsequently, the hearing was adjourned until August 24.