Supreme Court asks Imran Khan to wait for IHC verdict
In the Toshkhana case, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has been turned away by the Supreme Court, which asked him to wait for a verdict from the Islamabad High Court before asking for a stay of the trial.
Until the high court and SC make their respective decisions, Khan requested that the proceedings be halted.
These remarks were made by the three-member bench hearing Khan’s petition against the Toshakhana case, led by Justice Yahya Afridi and containing Justice Mazahar Ali Naqvi and Justice Musarat Hilali.
The Supreme Court will take up the case once an order is issued by the high court, according to Justice Yahya Afridi in his remarks to PTI chief’s counsel Khawaja Haris.
The high court may issue a better order than us. It is possible that it will order the trial to end tomorrow,” he said.
The Islamabad High Court has scheduled Imran Khan’s appeal for August 3, challenging Toshakhana’s maintainability.
Despite telling PTI’s lawyers that their plea was ineffective, Justice Afridi heard the case and issued an order. We will file the case in the Supreme Court after the high court decides.”
Meanwhile, the apex court issued a notice to the Election Commission of Pakistan officials pertaining to the case, while adjourning the hearing of the PTI chief’s petition until August 4.
According to the SC judge, the high court has supervisory jurisdiction over the trial courts, and the SC will schedule the case for hearing after receiving the order from the high court.
After asking the PTI lawyer what more he wanted, Justice Yahya said the court had already granted Khan relief. I find it surprising that you are still going to the Supreme Court,” he said.
Haris, on the other hand, questioned the case’s jurisdiction. “Section 342 has been recorded in the trial court, and the trial court has ordered the list of witnesses to be presented today,” he said.
If the list of witnesses is not provided today, the trial court will consider the trial completed. The court should order the trial to be halted until the SC and IHC have decided their cases.”
It has not been requested for an injunction, Justice Afridi replied.
As he explained to the counsel, it would be better to file an injunction application now rather than go to the apex court to seek relief.
“We cannot interfere with the trial court’s proceedings at this time. How can we hear the case when the Islamabad High Court has not issued an order?” Justice Afridi asked Haris.
He repeated, “You approached the Supreme Court without an order… let the high court decide first.”
Harris responded to the judge by saying Khan has approached the SC since the high court has not issued a stay.
Khan’s request to stay the Toshakhana case proceedings was also rejected last week by the SC.
At today’s hearing, SC Justice Yahya Afridi noted that the apex court would not interfere in the Toshakhana case.
Haris informed the court that multiple petitions – pertaining to jurisdiction and transfer of the Toshakhana case – are pending in the high court.
He had approached the top court after being denied relief by the Islamabad High Court (IHC) following his no-trust vote last year in April.
As a result of “false statements and incorrect declarations” made by the former prime minister during the Toshakhana reference, the Election Commission of Pakistan (ECP) disqualified him on October 21 last year.