The PTI Chairman, Imran Khan, is once again looking to the Supreme Court as his last hope to avoid disqualification in the Toshakhana (gift repository) case.
The court had previously declared him “honest and trustworthy” in a case involving PML-N leader Hanif Abbasi before the last general elections.
While Imran Khan was serving as the premier, he became aware that the Toshakhana case could create legal troubles for him.
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When the matter was brought up in the Islamabad High Court (IHC), Imran requested the then Attorney General for Pakistan, Khalid Javed Khan, to personally appear before Justice Miangul Hassan Aurangzeb to resist any disclosure of details about gifts he received from foreign dignitaries.
However, Imran Khan was ousted from office in April 2022, and the subsequent government decided to make public the details of all gifts given to him during his term.
This led to PML-N lawyer Mohsin Ranjha seeking Imran’s disqualification from the Election Commission of Pakistan (ECP) based on allegations of mis-declaration regarding the purchase and sale of Toshakhana gifts.
In October 2022, the ECP found Imran Khan guilty of making false statements and incorrect declarations, constituting an offense of corrupt practices under the Elections Act, 2017.
Disqualification of Imran Khan
The ECP directed the initiation of legal proceedings against him under Section 190(2) of the Act, leading to a complaint filed in a sessions court in Islamabad for Imran’s disqualification.
Chief Justice of Pakistan Umar Ata Bandial has assigned this matter to a division bench comprising Justice Yahya Afridi and Justice Musarrat Hilali for hearing.
Both judges hail from Khyber-Pakhtunkhwa, and while Justice Afridi is known for his integrity, he has displayed unpredictability in his decisions, including recusing himself from hearing many suo motu cases.
PTI lawyers are hopeful that the Supreme Court will issue notices to the respondents and grant a stay order on the proceedings of the trial court in the Toshakhana case.
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This could potentially be a setback for those attempting to disqualify Imran Khan before the general elections. There is also a chance that the SC bench may restrain the trial court from reaching a final decision until the apex court renders its concluding judgment.