The Islamabad High Court (IHC) has resumed hearing of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan's plea challenging his conviction and imprisonment in the Toshakhana case on Thursday. The former prime minister and PTI chairperson is incarcerated in Attock jail, serving the three-year sentence handed to him by a district court in Islamabad in the case. He has appealed to the Supreme Court, claiming 'bias' against him by both IHC and the district and sessions judge. The PTI chief's lawyers have also raised concerns regarding the violation of his rights and sought A-Class facilities while requesting he be moved to Adaila jail in Rawalpindi while decisions on the appeal against his sentence are awaited. At the previous hearing on August 22, held before a division bench comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, Imran's primary counsel Khawaja Haris did not appear before the court. Read CJ calls into question Toshakhana verdict The PTI chief was represented by other senior lawyers, including Latif Khosa, Babar Awan, Sher Afzal Marwat and Barrister Gohar Ali, instead. Khosa told the court that the report of the Attock district and sessions judge’s visit to the district jail had come out, which revealed that a camera had been installed in front of the PTI chairman’s barrack. Marwat complained that Imran's lawyers were not being allowed to meet him. At which, Chief Justice Farooq remarked that it was beyond comprehension as to why such a meeting was prevented. He reminded that he had ordered that the lawyers should go to jail to meet Imran but they should not make a rush. Awan replied that despite the court order, the jail administration was not allowing the lawyers to meet Imran. The chief justice remarked that he was issuing notice on the PTI chief’s request regarding facilities in the jail. On the occasion, Amjad Parvaiz, the lawyer for the Election Commission of Pakistan (ECP), sought time to prepare. The chief justice asked the ECP lawyer about the court notice and the provision of records to the court. The lawyer replied that he had not received the certified record of the case and sought two weeks' time to make his submissions. Read More ATC allows Imran’s arrest in Jinnah House rioting PTI’s Khosa opposed the request for time, saying that the PTI chairperson was in jail and his fundamental rights were being violated. He added that notices had already been issued in this case, while his client was in jail without any facilities. He requested the court to suspend the sentence awarded to Imran on Tuesday. He also said that the trial court sentenced him in his absence, adding that his conviction in the Toshakhana case was illegal. Furthermore, Khosa argued that the sessions court of Islamabad had no jurisdiction to hear the case against Imran, while the ECP secretary was not authorised to file a complaint against the PTI chief. The lawyer insisted that this court should release the PTI chairperson on bail immediately, adding that delaying tactics were being used in the case. The court adjourned the hearing till August 24. 'Deep-seated bias' Meanwhile, the PTI chief has approached the Supreme Court seeking transfer of all his cases being adjudicated in IHC to some provincial high courts. He has levelled serious allegations against the IHC CJ Farooq, accusing him of "deep and settled bias". In a petition moved on Wednesday, Imran's lawyers said he is being held in Attock jail after being "convicted on a cooked up and fabricated charge after a 'trial' in gross abuse of due process". The PTI chief primarily blamed the IHC chief justice for this “injustice”. Read Also Toshakhana ruling under scrutiny "More than sufficient incontrovertible evidence is available to establish the deep and settled bias of the CJ IHC towards the petitioner," the application read, accusing him of "endeavouring to do everything to keep the petitioner behind bars with the intent that he be unable to contest the forthcoming general elections and thus be ousted from the politics of Pakistan." Imran also accused Islamabad Additional Sessions Judge (ASJ) Humayun Dilawar of "despising" him. He claimed that CJ Farooq found "a ready and willing instrument" in the local judge "to advance their common objective". Judge Dilawar on August 5 sentenced the former PM to three years in prison in a gift repository—Toshakhana—case. Khawaja Haris 'steps aside' As per reports, PTI chief’s lead counsel in several cases, Advocate Khawaja Haris, has parted ways with the former premier's legal team over ‘interference’ of other members. The senior lawyer is said to have opposed the move to level allegations against the IHC chief justice, while other members of Imran's legal team were in favour of it. Barrister Khosa will now be leading the PTI chief's case against his conviction in the Toshakhana case as well as others. Advocate Haris has accordingly handed over all case files to the incumbent legal team.
from Punjab News Updates and Insights - The Express Tribune https://ift.tt/SPnf5YX
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