The Islamabad High Court (IHC) has set aside the previous verdict of a session court which declared the Toshakhana reference filed by the Election Commission of Pakistan (ECP) against the Chairman of Pakistan Tehreek-e-Insaf (PTI), as maintainable for criminal proceedings.
IHC Chief Justice Aamer Farooq directed the session court to re-decide the matter after conducting a fresh hearing.
Additionally, he rejected the appeal by the PTI chief to transfer the case to another court and issued a notice for next week on the appeal to restore the right of defense.
In the detailed court order, it directed the petitioner to ensure addressing arguments positively on the issue when the matter is scheduled for final arguments. The trial court is instructed to address the issues raised in the referred petitions while making a decision.
The court order further directed the Federal Investigation Agency (FIA) to conduct an inquiry into certain alleged posts on the session judge’s Facebook account. The inquiry will involve all concerned parties in the matter, and a report is to be submitted to the IHC deputy registrar within two weeks.
Previously, a session court had ruled that the ECP reference against the PTI chief was maintainable. This decision was challenged in the IHC by PTI Chairman Imran Khan.
The charges against Imran Khan were framed on May 10 in relation to the alleged hiding of Toshakhana gifts.
Justice Farooq had halted the proceedings and directed Additional District and Sessions Judge Humayun Dilawar to re-examine the matter in seven days. Eight legal questions were framed to decide the maintainability of the Toshakhana reference.
The Toshakhana case, based on a criminal complaint filed by the ECP, alleges that Imran Khan had “deliberately concealed” details of gifts he retained from the Toshaskhana during his tenure as the prime minister and the proceeds from their reported sales. This issue also led to his disqualification by the ECP.
On October 21, 2022, the ECP found that the former premier had made “false statements and incorrect declarations” regarding the gifts.
The Toshakhana is a department that stores gifts given to government officials by foreign dignitaries. As per Toshakhana rules, such gifts and materials received by officials are required to be reported to the Cabinet Division.
