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Toshakhana, £190mn cases: IHC seeks reply from NAB on Imran’s pleas challenging jail trial

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  • Imran Khan challenges appointment of accountability judge as well.
  • Justice Miangul Hassan Aurangzeb, Arbab Tahir hear the case.
  • Only former PM’s cases are being expedited, says Latif Khosa.

ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued a notice to the National Accountability Bureau (NAB) and secretary interior on Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s pleas challenging his jail trial in the references pertaining to Toshakhana gift and £190 million embezzlement, Geo News reported.

Declaring the pleas admissible, the IHC has sought a reply from the NAB and secretary by January 22 (Monday). The high court directed to fix the case for hearing on Monday before the available bench. 

IHC Justice Miangul Hassan Aurangzeb and Justice Arbab Tahir conducted the hearing of the petitions.

The PTI founder’s lawyer, Latif Khosa said the National Accountability Court (NAB) filed the Toshakhana case in the accountability court on November 20 and the prison trial notification was issued a month prior to the filing of the reference.

“Hearing into the Toshakhana reference has been being held daily since December 23, 2023. The relevant court’s judge has to begin the jail trial process as per the law and this court has issued an order regarding implementation of that process,” he said.

Justice Miangul Hassan asked why he challenged the notification so late as it was issued in November and he filed a plea against the notification in January.

The PTI founder’s lawyer replied they came to know about the reference after a summon was issued to his client.

Justice Miangul Miangul said they only had to ensure that the case’s process was right. It did not matter for them if the trial was held in the court or jail, he said.

Khosa said there was no suggestion from the concerned judge and he did not direct to hold prison trial for security reasons.

The IHC judge said a short order in this regard was already available. It was a judicial order that should have been seen, he added. 

Khosa asked if the federal government was positive that reference would be lodged, while it could have been dropped too.

On this occasion, Imran Khan challenged the appointment of the accountability judge as well.

Khosa said the judge was appointed on deputation and his retirement was closer. The judge was holding hearing on a daily basis to settle the trial, he said.

The lawyer said only the former prime minister’s cases were being expedited, while there was no progress on the rest of the cases.

Justice Miangul said Toshakhana was a safe of the government and the federal cabinet secretary was its keeper. The cabinet secretary had opened Toshakhana’s door for all, he said.

He said the articles kept in Toshakhana were put on sale, from 20% to 50% off. An order would be passed regarding this issue, he said adding that the gifts were state properties and they should remain with it.

The IHC judge said the politicians should better start returning the gifts to the state.

On January 9, an accountability court had indicted Imran Khan and his spouse Bushra Bibi in the Toshakhana reference filed against them by the National Accountability Bureau (NAB).

The decision was announced during a hearing in Adiala jail — where the former prime minister is currently incarcerated in the case.

A five-member special prosecution team of the anti-graft watchdog had perused the reference against the duo.

Accountability court Judge Muhammad Bashir had conducted the hearing of Toshakhana and £190 million cases in the prison. 

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Sheikh Rasheed says PTI and government negotiations won’t provide any results.

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Sheikh Rasheed voiced his worries about the nation’s ongoing political dilemma while speaking outside the Anti-Terrorism Court.

According to Sheikh Rasheed, a committee was established to negotiate, but the process has not produced any tangible results. In order to emphasize the seriousness of the situation, he said, “Political conditions are extremely bad.”

He made the joke, “Even after war, if negotiations fail, then it will all come down to judo karate,” in reference to the next steps.

“Everyone there prays for Pakistan’s betterment,” Sheikh Rasheed, who had returned from Saudi Arabia, said. He emphasized the necessity for the nation’s circumstances to improve and stabilize.

Assad Qaiser, a former speaker and PTI leader, had earlier called on Speaker Ayaz Sadiq of the National Assembly to discuss the official start of talks with the government.

The two leaders shared their opinions on bringing parties together on matters of national importance and reducing political tensions and conflict.

“I will persuade my people, you persuade the hardliners in your party,” Ayaz Sadiq said to Assad Qaiser.

The party’s founder is in jail, and the PTI leadership has asked to meet with him. “We will continue to confer with him,” Assad Qaiser declared.

Earlier, PTI leader Shaukat Yousafzai stated that if the discussions don’t begin, a campaign of civil disobedience will begin on December 14.

Speaking to the media Regarding the meetings, Yousafzai claimed that the government ministers were making insincere remarks.

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Bushra Bibi maintains bail as the IHC concludes the FIA’s petition.

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The Islamabad High Court (IHC) conducted a hearing about the Federal Investigation Agency’s (FIA) plea for the revocation of Bushra Bibi’s bail.

The court, led by Justice Miangul Hassan Aurangzeb, rejected the FIA’s petition during the hearing.

Judicial Proceedings

Justice Miangul Hassan Aurangzeb sought information regarding Bushra Bibi’s location, to which her attorney, Barrister Salman Safdar, affirmed her attendance in court.

The judge urged the counsel to regard the matters with gravity, underscoring the necessity of adherence to trial protocols.

The court sought details about instances where Bushra Bibi had been exempted from attending trial hearings and clarified that if the High Court grants bail and the accused fails to appear, the trial court holds the authority to cancel the bail.

Justice Aurangzeb assured that such actions would not amount to contempt of the High Court’s order.

Based on these considerations, the court closed the proceedings and dismissed the FIA’s plea.

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The Supreme Court has granted the appeal of the PTI founder for a judicial probe into the events of May 9.

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The Supreme Court has officially accepted the plea submitted by the PTI chairman for a judicial probe into the events of May 9 for a comprehensive hearing.

The constitutional bench of the Supreme Court annulled the registrar’s office’s objections to the petition and instructed the office to allocate a case number and arrange the hearing.

The PTI chairman was represented by prominent attorney Hamid Khan, who appeared in court to argue for the petition’s admission.

The Lahore Anti-Terrorism Court (ATC) already convicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in connection with the incidents on May 9 and denied his bail on eight distinct counts.

The court’s finding was delivered in a six-page written order by ATC Judge Manzar Ali Gul.

The written ruling emphasized substantial evidence against the PTI founder, comprising audio and visual recordings of his directives to incite violence.

The court observed that witnesses had provided testimony on the conspiracy planned by Imran Khan at Zaman Park, where he purportedly strategized for his possible arrest by intending to disrupt state functions via his supporters.

Imran Khan’s legal counsel contended that he was in custody at the time of the incidents, proposing that bail be granted in accordance with precedents where bail was awarded in like circumstances following detention.

Nevertheless, the court rejected this argument, underscoring that the case’s nature was not a trifling issue of conspiracy or incitement.

The prosecution established that Mr. Khan had explicitly incited assaults on military and governmental facilities and had galvanized both his commanders and supporters to adhere to his directives.

The decision additionally cited the Lahore High Court’s finding regarding a prior release granted to Ijaz Chaudhry, highlighting Imran Khan’s involvement in the conspiracy. The court dismissed the defense’s challenge over the prosecution’s lack of specificity concerning the date, time, or location of the purported conspiracy, affirming that the scheme was allegedly devised on May 7 and May 9 at Zaman Park.

The prosecution asserts that undercover police officers, masquerading as PTI supporters, intercepted discussions outlining the scheme.

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