Imran Khan Challenges Islamabad HC Order On Toshakhana Reference In SC

Imran Khan, former Prime Minister of Pakistan and Chairman of Pakistan Tehreek-e-Insaf (PTI) has approached the Supreme Court to challenge the remand order issued by the Islamabad High Court on July 4.

The IHC had directed a trial court to re-examine the maintainability of the Toshakhana case within a week. Khan filed a petition requesting the Supreme Court to set aside the IHC directive and sought a stay on the proceedings before the Additional District and Sessions Judge in Islamabad.

The Toshakhana case stems from an Election Commission of Pakistan (ECP) decision on October 21, 2022, which disqualified Imran Khan under Article 63(1)(p) of the Constitution for making false statements and incorrect declarations. On May 10 this year, the trial court rejected Khan’s challenge to the maintainability of the Toshakhana reference and indicted him in the case.

The IHC remanded the case back to the trial court on July 4 to re-examine the matter based on eight legal questions related to the reference’s maintainability. Imran Khan’s fresh petition argues that the IHC was not justified in remanding the same questions to the trial judge who had already given his judgment. The petitioner also contends that the IHC erred in remanding the case to the same trial judge despite an application filed for its transfer to another court.

In the ongoing proceedings, the Additional District and Sessions Judge has summoned Imran Khan to appear before the court. The trial judge’s decision is in response to Khan’s appeal challenging the maintainability of the Toshakhana reference. The reference accuses Khan of concealing details of state gifts during his tenure as Prime Minister.

Despite a plea for an adjournment, the trial judge declined the request, citing the IHC’s deadline for deciding the maintainability of the case by July 10.