The Islamabad High Court reserved its verdict on Imran Khan’s request for suspension of sentence in the Tosha Khana case, which will be heard today at 11 o’clock.
According to Express News, a hearing was held in front of a bench comprising of Chief Justice Amir Farooq and Justice Tariq Mehmood Jahangiri in the Islamabad High Court on the PTI Chairman’s request for suspension of sentence. Chairman PTI Imran Khan’s lawyer Latif Khosa and Election Commission’s lawyer Amjad Pervez advocate appeared in the court.
A two-member bench headed by Chief Justice Islamabad High Court Justice Aamir Farooq reserved the decision after the arguments of the parties were completed, which will be pronounced today at 11 o’clock.
Report of the hearing
On behalf of Chairman PTI, Latif Khosa appeared as a lawyer and said that orders should be placed on the meeting request. On this, Chief Justice Islamabad High Court Justice Aamir Farooq said that it is hoped that the request for suspension of sentence will be decided today.
Amjad Pervez, the lawyer of the Election Commission argued that the public prosecutor must also be notified in the case, on which the Chief Justice said that the complaint was filed by the Election Commission and not by the state, you did not say this in the trial court. Today you are saying this for the first time.
Referring to the case of Indian politician Rahul Gandhi, the lawyer of the Election Commission said that in the case of Rahul Gandhi in India, there was two years of imprisonment in the private complaint case, Rahul Gandhi filed a request for suspension of sentence which was dismissed, the court Held that suspension of sentence is not a hard and fast rule.
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Amjad Pervez argued that there is no mention of making the complainant a party in the application for suspension of sentence in the Criminal Code, it is requested that the court issue a notice to the state in the application, without issuing a notice to the state and hearing the stand, the hearing should not proceed. To be extended, in the Rahul Gandhi case it was decided whether to hear the public prosecutor or not.
During the hearing, the lawyer of the Election Commission also referred to the Zahoor Elahi case. The public prosecutor must be notified first.
He said that we have a minimum sentence of one year while in India the minimum sentence is three years, there is a big difference between our and India’s laws regarding punishments.
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During the hearing, Amjad Pervez, the Election Commission’s lawyer, referred to various court decisions and requested the court to issue a notice to the public prosecutor. Amjad Pervaiz said that we have a law that if there is a one-year sentence, the sentencing court can immediately suspend it.
The Chief Justice said that the complainant is never made a party in NAB cases, the prosecutor is defined in the NAB law, the state does not come in the NAB case, the NAB prosecutor is heard, it cannot happen that the NAB No order should be made without hearing, in a criminal case, notice to the estate is required, the law does not mention the word of the complainant, the estate is mentioned.
Amjad Pervaiz responded to the objections raised in Imran Khan’s appeal and requested to take notice of the estate, on which the court directed him to advance the arguments.
Amjad Pervez said that the appellant did not raise the objection that the session court is not authorized to conduct the trial, he says that the trial has to be done by the session court but the complaint should go to the magistrate first, the election commission complaint was not filed in the right forum. The objection was raised that all complaints under this law against corrupt practices were filed in the Sessions Court.
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The Chief Justice said that the magistrate has to decide whether the sessions court has jurisdiction or not. You are saying that even if it is a mistake, it will not vitiate the trial.
Lawyer Election Commission Amjad Pervez said that this is not a new law but it has always existed, there is no such decision where a complaint of corrupt practices has been filed before the magistrate, as a lawyer of a constitutional institution before the court. Standing, the other party said that the complaint cannot be maintained as it is not filed in the correct forum, which is not true, rather the situation is quite the opposite.
The hearing was adjourned after which the hearing resumed. Chairman PTI Imran Khan’s lawyer Latif Khosa came to the rostrum and said that he does not want to interfere in the arguments of the Election Commission’s lawyer, he wants to hand over some decisions.
Latif Khosa referred to the decision of the Supreme Court to uphold the suspension of Nawaz Sharif’s sentence and said that what did the lawyer of the Election Commission do for an hour on that day? Took two hours today.
On this, Amjad Pervez said that I will not read any section that is new, Chairman PTI’s lawyer has also argued twice here and once in the Supreme Court. Is.
The Chief Justice remarked that Justice (R) Khosa had said that the era of Test match is gone, now it is the era of Twenty-Tonty, that is, Latif Khosa has said in a very polite manner to shorten it.
Amjad Pervez said that Latif Khosa took three days for arguments on the request for suspension of sentence, he has tortured the judge who delivered the verdict in the Tosha Khana case.
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The election commission lawyer said that he raised six points and I have to answer them, he has made a statement that this is the first case in which the accused was not given the opportunity to defend himself, this approval was given after the decision of the election commission. In the decision of the Election Commission, it was said that the Chairman PTI was guilty of corrupt practices. In the decision of the Election Commission, legal action was ordered against the Chairman PTI.
The Chief Justice said that the Election Commission has declared in the decision that the office should do whatever is necessary, the Election Commission has not issued any directive to any individual, and the Secretary of the Election Commission has not issued any directive, why should he complain?
Amjad Pervez said that the objection was raised about not being allowed to file a complaint with the Election Commission, in fact the Secretary Commission allowed the complaint to be filed only on the instructions of the Election Commission, the permission of the Election Commission is part of the record.
The Chief Justice said that the Election Commission asked the office to file a complaint and not against a specific person. On this, Amjad Pervez said that all the members of the Election Commission unanimously gave permission in their decision.
Lawyer Amjad Pervez said that if the Election Commission had given direction to the Secretary Commission, then it would have been a different matter, here the Election Commission has given this direction to the office instead of the Secretary. Approved the complaint.
The Chief Justice said, “Have you kept these things on the court record?” On this, Amjad Parvez Advocate said that it was not necessary, the Election Commission ordered the office, could anyone else file a complaint except the secretary? Could DG Law of Election Commission also have filed this complaint?
Lawyer Election Commission Amjad Pervez said that the Secretary is the administrative head of the Election Commission, on this the Chief Justice said that the administrative affairs of the High Court and the Supreme Court are run by the registrar, will he ask the registrar to take any action or the office? On this, Amjad Parvez said that the Chief Justice should tell the Registrar or the office, both would be correct.
Chief Justice Amir Farooq inquired what is left now? On this, Amjad Parvez said that there are three points left for the duration of the complaint, the right of defense has expired and jurisdiction has not been determined. But the counter affidavit was also mentioned in the Supreme Court but it was not filed in the office by the CM.
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Amjad Pervez Advocate said that the affidavit was given to the court during the hearing, I have not seen the affidavit submitted by Khawaja Haris, it should not be given the impression that I am putting the case on hold but it is my duty to see the affidavit of Khawaja Haris. It is right.
The Chief Justice said that you should continue the arguments, there are two points, which is the suspension of the sentence, do not go into so much detail, if you continue the arguments for so long, then the appeal will be decided.
Amjad Pervez said that the trial court declared the witnesses of chairman PTI as irrelevant, the case against chairman PTI is a case of false declaration. Is? Chief Justice
Amjad Parvez said that forty-four hearings have been held in the trial court and Chairman PTI appeared only four times.
Election Commission’s lawyer Amjad Pervez’s arguments were completed after which Chairman PTI’s lawyer started replying. Later, a two-member bench of Islamabad High Court reserved its decision on Imran Khan’s request for suspension of sentence, which was held at eleven o’clock tomorrow. will be heard.
Even if Imran Khan’s sentence is suspended, he will not be able to be released immediately from Attock Jail, sources said
According to the sources, Chairman PTI will not be able to be released immediately from Attock Jail even if the sentence is suspended in the Toshakhana case because he is also regularly arrested in the Official Secrets Act case.
FIA sources say that Chairman PTI Imran Khan will also have to post bail in the Cipher Content Leak case for his release. The investigation team of the FIA Anti-Terrorism Wing has also conducted a formal investigation involving Chairman PTI. The investigation team has gone to Attock Jail and interrogated Chairman PTI a few days ago.
A case has been registered against Chairman PTI and Vice Chairman PTI Shah Mehmood Qureshi in the FIA Anti-Terrorism Wing under the Official Secrets Act. In the case, the role of former secretary general PTI Asad Umar and former prime minister’s principal secretary Azam Khan has been written to be determined in the investigation.
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