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SC rejects Imran’s petition seeking to stay trial court proceedings

Kashmirmediawatch by Kashmirmediawatch
July 26, 2023
in Featured, Ladakh
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Islamabad, July 26 The Supreme Court (SC) on Wednesday rejected former Pakistan prime minister Imran Khan’s plea seeking a stay on the trial court’s proceedings in the Toshakhana case.
Imran Khan, the first to be voted out of office through a no-trust vote last year in April, had approached the top court after being denied relief from the Islamabad High Court (IHC), Geo news reports.
The Election Commission of Pakistan (ECP) had, on October 21 last year, disqualified the former prime minister in the Toshakhana reference under Article 63(1)(p) of the Constitution for making “false statements and incorrect declaration”.
A trial court then, in May this year, rejected his petition challenging the maintainability of the reference.
Not only that, but the court also indicted the PTI chief, who denied all the allegations of misdeclaration of gifts.
This was when the PTI chief challenged the trial court’s decision before the IHC, which sent the case back to the trial court for re-examination within a span of seven days.
On July 8, the trial court concluded that the ECP’s petition is maintainable and proceeded further against the former premier who then approached the apex court for relief.
During today’s hearing, Justice Yahya Afridi of the two-member SC bench remarked that the apex court will not interfere in the trial court’s matters in the Toshakhana case.
PTI chief’s lawyer Khawaja Haris informed the court that there are multiple petitions — related to the jurisdiction of the trial court and transfer of the Toshakhana case — pending in the high court.
At this, Justice Afridi directed the IHC to hear Khan’s pending petitions together.
He said that it was not the SC’s jurisdiction to hear the petition when there are related petitions sub-judice in the IHC.
“Court’s jurisdiction is a major issue, it should be decided first,” the justice remarked.

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