- That is the second petition social gathering has submitted in IHC.
- Impugned judgement is “completely misdirected”: petition.
- Verdict primarily based on “hyper-technical” grounds, “misreading”.
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Tuesday filed an attraction within the Islamabad Excessive Court docket (IHC) difficult the trial courtroom’s verdict and sentence towards social gathering chief Imran Khan, requesting that the courtroom declare the judgement “unlawful”.
“It’s most respectfully prayed that the Hon’ble Court docket could graciously be happy to put aside the impugned judgement dated 05.08.2023, and declare the conviction, sentence imposed upon the Appellant to be unlawful and with out lawful authority and to acquit the Appellant of the fees framed towards him,” the petition learn.
Khan was sentenced to a few years in jail and a superb of Rs100,000 by Further District and Periods Choose (ADSJ) Humayun Dilawar on August 5, 2023, after the choose discovered Khan responsible of graft within the Toshakhana case — a transfer more likely to bar him from standing in elections due later this yr.
Following the arrest of the PTI chief, that is the third petition the social gathering has filed — one in every of which was filed within the Supreme Court docket.
Whereas the earlier petition within the IHC sought to have Khan transferred to Adiala Jail from Attock Jail, the place he’s presently incarcerated, this 22-page lengthy petition seeks the denunciation and overturning of the conviction altogether on various grounds.
One of many causes cited within the petition for the request is that the impugned judgement is “completely misdirected”, failing to think about that for functions of proving a prison cost the actus reus and the males reus is is the duty of the prosecution, not the defendant.
“The prosecution has miserably did not discharge its onus towards the appellant and, as such, the impugned judgement is unwarranted by legislation,” the petition added.
Furthermore, the petition contended that ADSJ Dilawar’s verdict had been primarily based on “hyper-technical” grounds and “misreading”.
“The realized trial choose has returned a discovering of guilt towards the accused on hyper-technical grounds, and that too by misreading and misconceiving the legislation, and never on the idea of any tangible proof in help of the cost framed towards the accused, which proof, nonetheless, is totally missing within the prompt case.”
The petition additionally alleged that the choose had not given due consideration to various pertinent issues, together with the truth that Khan’s accountant has talked about the associated fee at which these property have been acquired within the “related column of Type-B”, beneath “Treasured Gadgets” as per his experience.
“As a matter of reality all that the realized choose has to say relating to the defence of the appellant is to make a cursory nearly derisive reference to it,” the grievance added.
The petition additionally alleged that the trial was not truthful and the decision — “tainted with bias and a “nullity within the eye of the legislation” — pre-decided in that it “seemingly took him [the judge] simply 30 minutes to dictate greater than 35 pages which represent the impugned judgement”.
“The impugned judgement having been written even earlier than listening to the appellant’s counsel in help of the defence is a nullity within the eye of the legislation and liable to be put aside as such,” the petition contended.
What’s Toshakhana case?
Beneath the foundations governing Toshakhana — a Persian phrase which means “treasure home” — authorities officers can hold presents if they’ve a low price, whereas they have to pay a dramatically decreased price to the federal government for extravagant objects.
The Toshakhana has been beneath a microscope ever for the reason that emergence of the allegations that Khan bought the presents he obtained as prime minister at throwaway charges and offered them off within the open marketplace for staggering earnings.
The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to purchase and promote presents in state possession that have been obtained throughout visits overseas and price greater than Rs140 million ($635,000).
The presents included watches given by a royal household, in line with authorities officers, who’ve alleged beforehand that Khan’s aides offered them in Dubai.
Furthermore, seven wristwatches, six made by watchmaker Rolex, and the costliest a “Grasp Graff restricted version” valued at 85 million Pakistani rupees ($385,000), was additionally among the many presents.
A reference was forwarded by Nationwide Meeting Speaker Raja Pervez Ashraf to the Election Fee asking it to probe the matter.
In October 2022, the electoral physique declared the previous premier responsible of corrupt practices and filed a grievance in an Islamabad courtroom.
Khan was convicted and sentenced to a few years in jail, together with a superb amounting to Rs100,000 on August 5.