Islamabad court scraps ECP plea for early hearing of Toshakhana case against Imran Khan

 A district and sessions court in the federal capital on Tuesday disposed of a petition filed by the Election Commission of Pakistan (ECP) for early hearing of the Toshakhana case against PTI Chairman Imran Khan. 

Additional Sessions Judge Zafar Iqbal announced the verdict reserved earlier in the day after hearing arguments from the ECP and Imran Khan’s lawyers. 

At the outset of the hearing, PTI chief’s lawyer Khawaja Harris raised objections to the ECP plea, stating: “Why is it showing more interest in Imran Khan’s case?” He said the PTI was facing a plethora of cases and lawyers required time to get themselves prepared for them. 

Another PTI lawyer, Faisal Chaudhry, argued that the court had fixed April 29 for next hearing after the election commission expressed its consent. “It came to the ECP’s mind after two days that the case should be fixed for early hearing,” he said. 

At one point, Mr Harris cited the proceedings of a case filed by the ECP against PPP leader Ali Haider Gilani, saying the private complaint was lodged against him last year but he was yet to be indicted. He said a court had also postponed Mr Gilani’s case for one and a half months. 

While rejecting the impression that the case was being dragged, he said the suspect also had some rights. The PTI lawyer also accused the ECP of discrimination in the case against his client. “Attempts to fix the case for early hearing are tantamount to intervention,” he argued.

Mr Harris said the court could make a comparison of interest level being showed by the top electoral body in cases against Imran Khan and Ali Haider Gilani. He said the ECP should be free from political influence. 

In counter arguments, the ECP lawyer said the district election commissioner was authorised to lodge complaints, adding: “Bribery and concealing assets in returns are two different cases”. He also rejected the allegation of adopting discriminatory approach in Mr Khan’s case. He also cited a ruling of the Supreme Court, stating that cases related to corrupt practices must be decided in three months.

He said the PTI chief had been calling the election commission “liar” for three months. “If you are right, come to court,” he said, adding that Mr Khan had not filed any acquittal plea.

After hearing the arguments, the judge reserved the verdict and later rejected the ECP’s plea.