Imran Khan,
the chairman of the PTI, requested a stay of a trial court's proceedings in the
Toshakhana case, but the Supreme Court (SC) on Wednesday rejected his request.
Imran Khan
was disqualified from the Toshakhana reference on October 21 of last year by
the Election Commission of Pakistan (ECP) in accordance with Article 63(1)(p)
of the Constitution for making "false statements and incorrect declarations."
Imran Khan's challenge to the reliability of the
Toshakhana reference had been denied by Islamabad Additional District and
Sessions Judge (ADSJ) Hamayun Dilawar in May, and he had been charged in the
case.
The trial court's judgment was challenged before the IHC, which on July 4 referred the matter back to the former court to reconsider the situation in light of legal issues and determine whether the reference should be kept.
Imran then
approached the SC, appealing to the top court to reverse the IHC directive. In
addition, he asked that the proceedings before ADSJ Dilawar be suspended
pending the outcome of his appeal. The PTI leader had top attorney KhawajaHaris Ahmad move his appeal.
Imran's
appeal had its hearing on Wednesday by a two-judge panel that included Justice
Yahya Afridi and Justice Musarrat Hilali.
In the
petition, the PTI leader said that the IHC was not legally justified in
remanding the same legal issues that were the foundation of the challenged
judgment for further consideration by the same trial judge who had already
rendered his decision.
Although the
petitioner had also requested that the complaint be transferred from the trial
judge to any other court, Imran continued, the IHC rejected the petitioner's
argument and sent the case back to the trial court for further consideration.
In remanding
the issue to the same trial judge against whom a request for transfer of the
case had been made, the petitioner claimed the IHC was mistaken in the jurisdiction.
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