Toshakhana case, trial court’s order is not correct: CJP

Islamabad: Chief Justice of Pakistan (CJP) Umar Atta Bandial Wednesday said that the order of trial court in Toshakhana case is not correct. If any decision is wrong, then they can interfere in it.

According to details, the hearing against the decision of Islamabad High Court (IHC) in Toshakhana case against Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan was chaired by CJP Umar Atta Bandial.

On behalf of Imran Khan, lawyer Latif Khosa filed a petition of no confidence against Chief Justice IHC Aamer Farooq, saying that High Court gave the verdict on your petitions on August 04, whereas on August 05, Judge Humayun Dilawar of the trial court ruled against us.

Justice Jamal Mandokhail remarked that there was no injunction against the Sessions Court, it had to decide.

Lawyer Latif Khosa said that why is the limit of 120 days given in the law? On which Justice Jamal Mandokhail said that it is written in the law that when the declaration is found to be false, a complaint can be filed within 120 days.

The Chief Justice remarked that there are more than 800 members of the National and Provincial Assemblies. The Election Commission of Pakistan (ECP) cannot review the assets of hundreds of members of Assembly in 120 days. On August 05, the appeal was decided and you have challenged it immediately.

Justice Umar Atta Bandial stated that High Court said that you also objected to the fast pace of the trial with prejudice. “If any verdict is wrong, we can interfere in it. Every judge from the judge to the subordinate court has equal respect,” he added.

Sardar Latif Khosa addressed the saying: “Sir, we have given blood for you, we sacrificed for the rule of law and independent judiciary,” to which Justice Umar Atta Bandial replied we know you are with us.

While Justice Jamal Mandokhail replied that he did not give blood for us or for any person but for the chair and constitution.

The Additional Director General (DG) Law Election Commission said in the court that Sessions Court has given a decision on all the points raised by the petitioner, the case is scheduled for hearing tomorrow in the High Court.

Chief Justice said Tosha Khana case should not have moved from one court to another. There is a system of courts. It has been moved to the Supreme Court for the second time. It would be better for the High Court to decide first. The list of questions related to Toshakhana case was sent to the trial court, did it decide on the questions of the High Court?

Justice Umar Atta Bandial further said that the petitioner's complaint is that High Court sent the case back to the trial court instead of deciding it. Its point is that the Toshakhana case was sent to the wrong court.

Advocate Election Commission Amjad Parvez said that trial court had given opportunity to the accused three times before the decision and decided the case due to the absence of the accused.

Justice Mazahir Naqvi inquired how the trial court decided Toshakhana case without the right of defense. In any court of the country, a criminal case is not decided without the right of defense to the accused.

Written decision of today's hearing

The Chief Justice of Pakistan while writing the decision for today's hearing of Tosha Khana case said: “The court will wait till tomorrow out of respect for IHC. The legal points of the trial must be met. The trial court relied on the rejected decision of the High Court and pronounced the decision. Petitioner stated in statement 342 that he wanted to produce witnesses. The Trial Court rejected PTI chairman's appeal to produce witnesses”.

It also wrote in the decision of today's hearing that the trial court rejected the petition on the basis that witnesses were not relevant. The case was called two or three times on August 05 and the ex parte judgment was pronounced. This is a serious point of law. The Supreme Court was informed that the appeal is pending in the High Court and is to be heard, along with the appeal is the application for suspension of sentence.

Chief Justice Umar Atta Bandial said that he will not interfere in this matter at present and let the High Court decide first, justice should also be seen to be done.

Umar Atta Bandial while talking to Election Commission lawyer Amjad Pervez said that you are a fair lawyer, the accused was not given enough time to answer.

Justice Mazahir Naqvi said that the right to produce witnesses cannot be taken away from any accused, the case was decided the day after the order of the High Court.

The Chief Justice of Pakistan remarked that the High Court will hear the case tomorrow morning and Supreme Court will hear at 1:00 pm. The court adjourned the hearing of the Toshakhana case till 2:00 pm tomorrow.