The Supreme Court (SC) declined an immediate hearing of the plea filed by Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), in the Toshakhana case on Wednesday.
Alongside other petitions, PTI also submitted one requesting the suspension of Khan’s conviction in the Toshakhana case to enable his participation in the upcoming general polls scheduled for February 8 next year.
Justice Athar Minallah, sharing his remarks on the plea, noted that the suspension of the trial court’s verdict against Khan in the Toshakhana case wouldn’t necessarily remove his disqualification. Imran Khan had been disqualified for five years from holding any public office due to his conviction in the Toshakhana case.
Despite the plea, the apex court declined to schedule the petition for a hearing, citing the limited availability of only two judges during the winter vacation.
Earlier on December 21, a two-member bench of the Islamabad High Court (IHC) rejected Khan’s request for the suspension of the trial court’s verdict in the Toshakhana case. Justice Minallah emphasized during the hearing that the suspension of sentence does not automatically lead to the annulment of conviction, highlighting the need for a more thorough examination.
In response, Khan’s lawyer, Shahbaz Khosa, referred to judicial precedents, citing instances where senior politician Javed Hashmi’s sentence was abolished along with the verdict. However, the court emphasized the need for a three-member bench to hear the disqualification petition in the Toshakhana case, stating that only two judges were currently available in Islamabad.
Acting Chief Justice Sardar Tariq Masood suggested that the case should be fixed before a three-member bench, and due to the unavailability of judges in Islamabad, the hearing of the disqualification case was not possible during the current week.
The court raised the possibility of Chief Justice Qazi Faez Isa joining the proceedings after the winter vacation, and Khosa suggested that a bench could still be formed by summoning judges. However, the acting chief justice questioned the availability of judges and left the decision about the matter for further consideration in his chamber.
Additionally, the Supreme Court hinted at considering another PTI petition seeking contempt of court proceedings against the Election Commission of Pakistan (ECP), with the acting chief justice expressing his intent to decide on the matter privately in his chamber.
