The Supreme Court finds Toshakhana verdict highly erroneous
Toshakhana will appear before Pakistan's Supreme Court tomorrow.
The Supreme Court will hear the case at 1 p.m. tomorrow.
A High Court order remanding the Toshakhana case to a lower court judge led to Dilawar's three-year sentence.
The appeal of PTI chairman Mazhar Ali Akbar Naqvi was heard on Thursday by Justice Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, and Chief Justice Umar Ata Bandial.
Toshakhana case was recommended for expedited resolution by the Supreme Court of Pakistan.
It will reconvene tomorrow following the decision of the High Court.
The lawyer for Khosa, Sardar Latif, presented a strong case in court.
There were three appeals filed against Khosa's high court decision.
The PTI chairman was disqualified by National Assembly members, he said. ECP has been referred to the matter under Section 137.
In his appeal, Khosa argued that his client's assets had been misrepresented. The Election Act of 2017 was the subject of a question from Justice Naqvi to Khosa.
When asked by a judge whether assembly members could refer to one another, Justice Naqvi replied: "Yes". What law permits assembly members to refer to other parliamentarians? ”
In response, Khosa said that assembly members lack the authority to send references; only the NA speaker can do so. A Member of the National Assembly (MNA) can only be sanctioned by the election body 120 days after their financial statements have been submitted, he told the court.
According to Justice Mandokhel, the question is not whether a reference could be sent against the PTI chairman. It is the decision of the Islamabad High Court that you are challenging.
Among the information CJP Bandial provided to Lawyer Khosa was the contested jurisdiction of the case.
"You acknowledge there has already been a hearing in another court," he said.
Several errors were made in the trial of the PTI Chairman in the Toshakhana case, according to the Chief Justice of Pakistan.
In his ruling, Chief Justice Bandial pointed out that the accused were unable to adequately defend themselves. On top of that, the accused was sentenced and imprisoned on the same day the remand order was issued.
Although CJP Bandial acknowledges the errors, he will not intervene in this matter at the moment.
All points raised by the election commission had already been decided by the trial court, according to the Additional DG Law. An appeal hearing against this decision will be held tomorrow in the Islamabad High Court.
The Election Commission's lawyer, Amjad Parvez, appeared in court. According to him, no representation was made for the accused on August 5.
Jamal Mandukhel asked if the accused requested witnesses. Amjad Parvez responded by saying that the court had dismissed the witnesses as irrelevant.
The chief justice complained about the trial court's haste, which didn't give the accused a chance to respond. Additionally, he questioned how the trial court could decide based on a reverse order.
According to the Election Commission lawyer, Imran Khan has legal recourse despite these mistakes.
The CJP Bandial asked whether the accused should be released immediately. In disbelief, he asked whether criminal cases are normally handled so expeditiously, implying that proper procedure has been compromised.
According to Mazahar Naqvi, a fundamental aspect of justice is providing the right to defense.
AEC emphasized that defense rights were legally mandated. According to state law, the prosecution had seven days to prepare.
Several witnesses were summoned by the court itself, not by the accused.
It was ruled by Justice Mazahir Naqvi that both the Supreme Court and High Court were violated in the Toshakhana case.
Justice Mazahar Naqvi questioned whether similar judgments were common, prompted by the narrative.
It has been adjourned to 2 p.m. today.
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