In the Islamabad High Court, a hearing was conducted regarding the suspension of PTI Chairman Imran Khan’s sentence in the Tosha Khana case. Latif Khosa, the lawyer for Chairman PTI, appealed to the court to suspend the sentence. Chief Justice Amir Farooq acknowledged the Supreme Court’s order, emphasizing the need to trust the subordinate judiciary even if errors occur.
Latif Khosa highlighted that the trial court initially sentenced Chairman PTI to three years, but the President of Pakistan had pardoned six months of the sentence on August 14. He contended that the proceedings cannot proceed without establishing jurisdiction. Chairman PTI’s argument for the suspension of the sentence is based on three grounds. Firstly, determining jurisdiction is crucial. Secondly, he questioned the authority granted to the District Election Commissioner by the Secretary Election Commission, as the Islamabad High Court’s orders had been overlooked thrice regarding jurisdiction.
Khosa also pointed out that the Election Commission, comprising the Chief Election Commissioner and four members, had not granted permission for the complaint in accordance with the law. He emphasized that the trial court had failed to address the Islamabad High Court’s order to reevaluate eight questions, simply upholding its initial decision. Khosa claimed that the trial court had disregarded the High Court’s directive to rehear arguments, thus violating the High Court’s decision.
Furthermore, Khosa argued that the complainant should follow the legal procedure of presenting the case to a magistrate before proceeding to the direct session judge for trial. The trial court’s decision was marred by errors and needed suspension, as per Khosa.
Justice Tariq Jahangiri questioned the trial court’s basis for deeming defense witnesses irrelevant. Khosa responded that the trial court had declared the witnesses irrelevant without proper examination and reasoning, raising concerns about this unprecedented action in criminal history.
Khosa added that the accused should not be denied the opportunity to present witnesses in their defense. He highlighted that the trial court’s decision impinged on Chairman PTI’s constitutional rights, as he was only able to present one witness while four were intended.
Khosa concluded by recounting the events of Imran Khan’s sentencing, noting that his lawyer Khawaja Haris Sahib arrived at the trial court at 12:15 PM, only to be told by the judge that an order had been passed and there was no need for a hearing. The order was announced at 12:35 PM, after which the Lahore police arrived for his arrest. Subsequently, the court adjourned the case’s hearing.
