A district and sessions court in Islamabad reserved on Monday its verdict on a petition filed by PTI Chairman Imran Khan seeking an exemption from appearing before the court in the Toshakhana reference.
The verdict is expected to be announced by Additional District and Sessions Judge Zafar Iqbal at 3:15pm.
The 70-year-old ex-premier, who has been recovering from a gunshot injury from an assassination attempt in Wazirabad last year, has thrice skipped indictment hearings in an Islamabad sessions court in the case.
He is accused of concealing, in his assets declarations, details of the gifts he retained from the Toshakhana — a repository where presents handed to government officials from foreign officials are kept.
The sessions court was set to indict Imran in the Toshakhana Reference on Feb 28, but his lawyer had requested the judge that he be exempted from the hearing because he had to appear in several other courts. His indictment was deferred twice before.
The judge had then issued arrest warrants for Imran and adjourned the hearing till March 7.
On March 5, an Islamabad police team was sent to Lahore to arrest Imran with the court summons. However, it returned empty-handed after the PTI chief evaded the arrest.
Subsequently, Imran had approached the Islamabad High Court last week seeking the cancellation of his arrest warrants.
On March 7, the IHC had suspended Imran’s non-bailable arrest warrants till March 13 and instructed him to appear before the sessions court.
The hearing
ADSJ Zafar Iqbal conducted a hearing into the case today.
At the outset of the proceedings, Imran’s counsel Khawaja Haris informed the court that his client was not able to appear today. “He is not refusing to appear, but due to security threats he cannot be present,” he said.
Haris said similar appeals had also been filed before the Lahore High Court and the Islamabad High Court.
The ex-PM’s counsel also raised objections to complaints filed by the ECP against the PTI chief in the case.
He recalled that the IHC had asked the sessions court to initiate legal proceedings against the PTI chief as per the law if he failed to appear before the court on March 13.
“Examining the matter in accordance with the law means that the court should also assess the admissibility of the complaint,” Haris stated.
He went on to say that around 40 cases had been registered against Imran across the country. He said former premier late Benazir Bhutto was also not given the security that she should have been given.
“What happened to Liaquat Ali Khan is also a part of history.”
Meanwhile, ECP counsel Saad Hassan, while presenting his arguments, said the case remained admissible for hearing until a decision was announced by the court.
He insisted that the ECP suspended Imran’s arrest warrants just for a few days and asked him to appear before the court.
He said the PTI chief’s arrest warrants were still “on the field”.
Here, the court asked the ECP counsel if he wanted more time to file a reply on a plea challenging the maintainability of the commission’s complaints. The lawyer replied in the affirmative.
Imran’s lawyer urged the court to hear the plea today and announce its verdict.
As the arguments concluded, the judge reserved the verdict on the plea for Imran’s exemption and said that the decision would be announced at 3:15pm.
Toshakhana case
The reference, which alleges that Imran had not shared details of the gifts he retained from the Toshaskhana (during his time as the prime minister) and proceeds from their reported sales, was filed by lawmakers from the ruling coalition last year. On October 21, the Election Commission of Pakistan (ECP) had concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.
The Toshakhana is a department under the Cabinet Division that stores gifts given to rulers and government officials by heads of other governments and foreign dignitaries. According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.
The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.
Subsequently, the ECP had approached the Islamabad sessions court with a copy of the reference, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.
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