ISLAMABAD: The Islamabad High Court (IHC) on Thursday adjourned the hearing of PTI chairman’s appeal against his conviction in the Toshakhana criminal case till Friday.
A two-judge bench comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri heard the appeal wherein respondents continued their arguments.
During the course of proceedings, PTI chief’s lawyer Latif Khosa Advocate said that the sessions court had not implemented the IHC’s verdict. He said he would give arguments on three grounds for seeking suspension of the sentence of the former prime minister.
Firstly it was essential for the trial court to decide its jurisdiction to hear the case, he said, adding the Secretary of Election Commission of Pakistan had given direction to the District Election Commissioner Islamabad to lodge the complaint against the former prime minister, while Chief Election Commissioner and ECP’s four members were authorized to do so.
The sessions court also could not hear the complaint directly instead it should have been filed before the magistrate concerned, Khosa pleaded.
He said the trial court had announced only three-year imprisonment for his client, adding the President had also reduced the sentences of prisoners on the occasion of Independence Day.
He said that the trial court’s decision could not be maintained as there were several weaknesses in it.
Latif Khosa said the IHC had accepted the plea of defence regarding the maintainability of the case and instructed the sessions court to re-decide the matter. The high court had also asked the trial court to give answers of the legal questions raised by it, but the same were ignored by the latter.
To a court’s question, the lawyer said that the trial court’s judgment had not covered the questions raised by the IHC in its order. He said that the list of witnesses was declared as irrelevant without examining it, adding that a trial could not be fair without giving the right of defence to the accused.
The trial court also did not mention the reason to declare the witnesses as irrelevant, he added, praying the court to suspend his client’s conviction.
On the occasion, ECP’s lawyer Amjad Pervaiz said that the accused had stated in his statement under section-342 that he wanted to present his witnesses, which meant that he had admitted that the prosecution had proved its case. He said that the accused had to give information himself to write it on Form-B and tax consultants were not supposed to mention such details themselves. it was a case of misdeclaration instead of tax return, he said.
Amjad Pervaiz prayed the court to grant time for case preparation, adding that earlier the bench had granted only one day for this.
The lawyer said the state was not named as respondent in the appeal, adding that the accused was in the custody of state.
The chief justice remarked that so far the bench was hearing the case pertaining to the suspension of the sentence.
Justice Tariq Mehmood Jahangiri said that no FIR had been registered in this case before the trial.
Amjad Pervaiz said that the state would also decide whether it would defend this case or not.
CJ Aamer Farooq remarked that it was a short term sentence and it could be suspended without any notice.
To that the ECP’s lawyer said that there was no such precedent. There was also a judgment of the top court regarding the short term sentence. He, however, said that the court was authorized to suspend the imprisonment sentence if it was limited to three months.
After this, the bench adjourned the case till Friday.