Toshakhana case: ECP request for Imran's summary trial rejected

Hearing gifts case, trial court says commission is not authorised to give directions to sessions court

ISLAMABAD:

A trial court in Islamabad has rejected the polls supervisory authority's request for a summary trial of former prime minister Imran Khan in the Toshakhana —gift repository — case, noting that the Election Commission of Pakistan (ECP) is not authorised to give directions to a sessions court.

Islamabad West Additional Sessions Judge Zafar Iqbal on Tuesday issued a four-page written order after hearing arguments of both the parties — Imran's counsels Khawaja Haris and Faisal Chaudhry and ECP's counsels Saad Hassan and Amzad Pervez.

The court noted that summary trials are conducted by a magistrate in specific offenses.

"Whereas [a] complaint under Section 90 of the Election Act, 2017 is triable by the court of sessions for offenses punishable under Section 174 of the act which entails punishment up to three-year or fine or both."

It said the offences under Section 167 and 173 of the act do not fall in section 260 of the Code of Criminal Procedure (CrPC).

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"The ECP may direct summary trial under Section 190(3) of the Election Act, 2017 for other offences mentions in Chapter X [of the act] but is not authorized to give direction to a session court for summary trial of a complaint pending in the court," the order said.

The ECP on November 22, 2022 sent the Toshakhana reference to the trial court for initiating criminal proceedings against former prime minister and PTI Chairman Imran Khan under sections 137, 170 and 167 of the Election Act, 2017.

The reference was sent to the court a month after a four-member ECP bench unanimously declared that the Pakistan Tehreek-e-Insaf (PTI) chief had misled officials about the gifts he had received from foreign dignitaries during his tenure as the prime minister.

At the last hearing held on March 30, the trial was adjourned till April 29 in view of Ramazan and Eid holidays. However, on April 4, the ECP requested the court to set an earlier date for hearing the case and the court on April 8 decided to hear the ECP's request on April 11.

In their arguments on Tuesday, the ECP's counsels said that over a month long adjournment of the case amounted to egregious delay in the judicial process.

They said the superior courts have always deprecated delays in conclusion of trials in cases related to corrupt practices.

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They argued that summary trial is to conducted in the complaint as per section 190(3) of the Election Act, 2017 and that it is in the interest of the justice that the complaint should be decided without delay within three months,

Imran's counsels vehemently argued that the ECP is trying to influence the court by filing such applications in which no reasonable ground is mentioned for holding summary trial.

They referred to a similar complaint filed against former premier Yousaf Raza Gillani's Ali Haider Gilani. "The ECP has, however, not filed a similar application to expedite that trial which shows the ECP's selective approach," said Khawaja Haris.

After hearing the arguments, the court reserved its verdict which was later unveiled. "The application is not justified by law as well as fact which is hereby rejected," the court added.