Imran Khan challenges trial court’s decision in Toshakhana case

Islamabad [Pakistan]: Former Prime Minister and Pakistan Tehreek-e-Insaf Chief Imran Khan challenged a trial court’s decision before the Islamabad High Court (IHC), over the maintainability of an Election Commission of Pakistan (ECP) complaint seeking criminal proceedings against him in the Toshakhana case, Dawn reported.

Khan’s challenge in the Toshakhana case came after Additional District and Sessions Judge Humayun Dilawar last week declared the ECP’s reference as maintainable.

Earlier, on May 10, the trial court framed charges against the former PM, however, IHC Chief Justice Aamer Farooq stayed the proceeding and recently directed the judge to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the Toshakhana reference.

The questions included whether the complaint had been filed on behalf of ECP by a duly authorised person, whether the ECP’s decision of Oct 21, 2022, was a valid authorisation to any officer of ECP to file a complaint, and whether the question of authorisation was a question of fact and evidence and could be ratified subsequently during the course of proceedings, according to the Pakistani English-language newspaper.

However, when the judge re-examined the matter, Khan’s counsel Khawaja Haris did not appear before the court to argue the case in three consecutive hearings.

The IHC’s single-member bench, comprising Chief Justice Aamer Farooq, is set to hear the appeal on Wednesday (today).

Meanwhile, the Lahore High Court granted interim protective bail to Khan for two weeks in seven criminal cases relating to the May 9 violence. The LHC has also issued a notice to the PTI chief on a government appeal challenging a stay order he secured against an inquiry into an audio leak relating to the cypher controversy.

The former prime minister appeared before a two-judge bench along with his counsel, Barrister Salman Safdar, as per Dawn.

Separately, the LHC also issued a notice to the PTI chief on Tuesday on a federal government appeal challenging a stay order secured by him against an inquiry into an audio leak relating to the cypher controversy.

In December, the high court suspended a call-up notice issued to Khan by the Federal Investigation Agency (FIA) in the cypher inquiry.

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