Legal Battle: PTI challenges Imran Khan’s conviction in Toshakhana case
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Monday moved the Supreme Court asking it to declare Additional and Sessions Judge (ADSJ) Humayun Dilawar’s verdict in the Toshakhana case “null and void”.
The petition was filed under Article 184(2) of the Constitution and sought to have the Toshakhana case be heard again, on the grounds that the PTI chief had not been given a fair trial.
“A fundamental right under Article 10A, The Right to a Fair Trial, has been denied to Mr Imran Khan the former Prime Minister of Pakistan in relation to his conviction in the Toshakhana case,” the petition read.
Khan was arrested and shifted to Attock jail on August 5 after the district and sessions court in the federal capital convicted him for corrupt practices related to the state gift depository — allegations which he denies.
ADSJ Dilawar sentenced Khan to three years in jail, along with a fine of Rs100,000, while issuing an arrest warrant for his immediate arrest.
The petition argued that not only was the judgement passed in haste, it was also declared in Khan’s absence and was “in complete disregard” of the directions of the Islamabad High Court (IHC).
“That order of the Honourable Islamabad High Court dated 04.08.2023 distinctly remanded back the issue of maintainability to the learned Additional Sessions judge with the directions to decide it afresh.
“However, undermining this directive, the Learned judge bypassed any fresh decision-making and dismissed the application in violating haste and without objective evaluation of the case, subverting principles of natural justice,” the petition read.
Earlier today, the party also approached the IHC petitioning that Khan be moved to Adiala jail and be provided better or A-Class facilities, since he was “accustomed to a better mode of life.”