Toshakhana case: The Islamabad court accepts Imran Khan’s request for an exemption

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KARACHI – Imran Khan, the chairman of the PTI, was given a one-day respite from the Toshakhana case on Monday by an extra and sessions court in the federal capital.

The Election Commission of Pakistan (ECP) submitted a petition requesting criminal proceedings against Mr. Khan. The petition was heard by District and Sessions Judge Zafar Iqbal in November of last year. The specifics of the petition are not provided in the information given.

Ali Bokhari, the PTI chief’s attorney, presented the medical exemption request at the court. Additionally, he requested that the matter be postponed until February. Mr. Bokhari stated that he will submit a medical report after receiving it via WhatsApp. The judge asked if the medical report was linked to the petition for Imran Khan. It is not specified in the given information what the medical report or the petition pertain to.

The ECP attorney objected to the PTI chief’s claim of exemption and urged the court to issue an arrest warrant if he did not show up for the hearing. He said that Mr. Khan should not be released on bond until he appears in court.

After hearing the arguments, the court granted the PTI leader’s request for a one-day exemption and postponed the case till January 31. The power of attorney for Imran Khan’s case has been submitted by attorney Ali Zafar in the meantime.

Sessions Court

Imran Khan was summoned by the sessions court on January 9. This action was taken after he agreed to the ECP’s request to begin criminal proceedings against him. The ECP requested these proceedings due to allegations that Khan misled the electoral body about gifts he received from foreign dignitaries. Khan received these gifts while serving as an unspecified position.

The extra sessions judge pronounced Mr. Khan’s declaration fraudulent in a three-page ruling after finding that the former prime minister had not disclosed state gifts in his tax returns. The judge further stated that the PTI leader was subject to prosecution under Article 174 of the 2017 Elections Act because he failed to disclose financial information about the money he received from selling the presents.

The ECP wrote a reference that was sent to the district and sessions judge. The reference was sent under Sections 137, 170, and 167 of the Election Act. The reference stated that the PTI chief deliberately concealed assets related to Toshakhana gifts in the statements of assets and liabilities filed for 2017-2018 and 2018-2019. The assets in question were retained by the PTI chief particularly in 2018 and 2019.

The Elections Act of 2017 contains Sections 167 and 173. The commission requested that Imran Khan be found guilty of these offenses. These offenses are described as corrupt practice and making or publishing a false statement or declaration.

The ECP recommended criminal proceedings against the PTI chief in October. The recommendation was made as a consensus decision on the Toshakhana case. The reference was then sent to the district court.

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