Toshakhana case: Justice Minallah states that the verdict’s postponement does not terminate the disqualification
The postponement of the trial court’s decision against PTI Chairman Imran Khan in the Toshakhana case, Justice Athar Minallah of the Supreme Court said on Wednesday, cannot reverse his disqualification.
The court made these comments at the hearing of the PTI chief’s petition to have his conviction in the Toshakhana case suspended so that he might run in the elections that are set for February 8 of the next year.
Because of his conviction in the case, the PTI head was barred from holding any public office for a period of five years.
However, because only two SC judges were available due to winter vacation, the supreme court declined to schedule a hearing for the petition.
Khan’s plea for the trial court’s decision in the aforementioned matter to be suspended was denied by the two-member bench of the IHC on December 21.
Speaking to Shahbaz Khosa, Khan’s attorney, Justice Minallah stated that the issue on the bench was whether the conviction should be reversed after the case’s sentence was suspended.
“There is no judicial precedent in the country’s history that suspension of sentence led to the annulment of conviction,” he said.
In response, Khosa cited legal precedents in which the sentence of prominent politician Javed Hashmi was overturned concurrently with the decision.
“The court should see how Judge Humayun Dilawar issued five sentences in a single day,” the attorney stated.
Khosa was informed by Acting Chief Justice Sardar Tariq Masood that a two-member bench may reject this case, and he was asked if they ought to.
“A two-member bench cannot even give you interim relief because there is a division bench decision in the high court,” he said.
A three-member bench should hear the disqualification plea in the Toshakhana case, according to Justice Masood.
“In Islamabad, there are just two judges accessible. The judge said, “At least a three-member bench should hear the Toshakhana case.”
The disqualification case hearing cannot take place this week, according to the interim chief justice.
The acting CJP went on, “What if the case is on important points and should be heard by a five-member bench?”
Chief Justice Qazi Faez Isa is on winter vacation, thus Justice Masood stated, “Qazi sahib will also come next week.”
According to Khosa, the court can still call judges to create a bench.
The justices departed the courtroom after the acting chief justice asked the attorney, “The judges are not available here, you tell me who should sit and hear?”
As the acting chief justice stated he will make a decision on the subject in his chamber, the SC earlier recommended fixing another PTI’s petition seeking contempt of court proceedings against the Election Commission of Pakistan (ECP).
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