IHC sets aside trial court verdict declaring PTI chief’s Toshakhana reference ‘maintainable’

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The Islamabad High Court (IHC) on Friday set aside a trial court verdict that had declared the Tosh­akhana reference filed by the Election Commission of Pakistan (ECP) against the PTI chairman as maintainable for criminal proceedings. 

IHC Chief Justice Aamer Farooq ordered the trial court to decide the matter again after re-hearing the case. He also rejected the PTI chief’s appeal to transfer the case to another court and issued a notice for next week on a petition to restore Imran Khan’s right of defence in the Toshakhana trial.

“The matter is remanded to the trial court for decision afresh,” the IHC said in a detailed order, noting that the IHC was informed that the case was fixed for final arguments in the trial court today. 

“The petitioner shall ensure addressing of arguments positively on the issue when the matter is fixed by the court for final arguments. The trial court shall address the issues raised in the referred petitions while deciding the matter,” the order reads. 

It also directed the Federal Investigation Agency to inquire into the matter of certain alleged posts on the session judge’s Facebook account, involve everyone concerned in the matter and furnish a report to the IHC deputy registrar within a fortnight. 

PTI Information Secretary Raoof Hasan questioned if the same session judge should adjudicate the matter again if the IHC had “expressed lack of faith in the judgements of judge Dilawar and about whom there is a strong impression of rabid partisanship”.

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