The Supreme Court has turned down the request of PTI Chairman Imran Khan for issuing a stay order on the trial against him in Toshakhana criminal case. The court disposed of the PTI chief’s appeal against a high court decision. It ruled that it was asking the high court to decide Imran Khan’s appeal and other applications together. The court maintained that it would not be proper to interfere with the proceedings of the trial court. The election commission’s lawyer said the high court had remanded the case back to the trial court, which conducted a re-trial and declared the case maintainable.

 Amjad Pervaiz said the PTI chairman was challenging the declaration of maintainability of the case again. His re-appeal in the high court is scheduled for hearing tomorrow, the lawyer told the Supreme Court. The Supreme Court had earlier called the election commission’s officer to the rostrum and told him that he will be heard today and a decision announced. The SC had issued a notice to the Election Commission of Pakistan on Imran Khan’s appeal.

A division bench of the Supreme Court headed by Justice Yahya Afridi conducted the hearing. Imran Khan’s lawyer Khawaja Haris said their request was to transfer the case to another judge. ’We also challenged the jurisdiction of the court,“ he remarked, adding the high court did not decide these two requests of theirs. Justice Afridi said the matter of jurisdiction should have been decided first.

 “We will request the high court to decide all the applications together,” he remarked. Khawaja Haris told the SC that today, the trial court has called his client for recording a statement under Section 342, and requested for staying the trial in the case for just today. “We are referring your case to the Islamabad High Court,” Justice Musarrat Hilali said, asking, “How do we issue directions to the trial court?” Earlier, the court expressed anger over the commotion outside the courtroom before the hearing started. Justice Afridi sent Khawaja Haris to check the situation.

“We cannot hear the case like this,” Justice Afridi remarked, adding everyone is responsible for respecting the court. He added that ensuring respect for the court is the responsibility of the lawyer and petitioner. Despite the PTI chief’s presence in court, there was a lot of fuss over which the bench got up and left. The two-member bench did not return for 10 minutes. The two judges returned to the courtroom after the court’s dignity was restored. The hearing resumed when there was silence outside the courtroom.

Credit: Independent News Pakistan (INP)