ISLAMABAD
Former prime minister and PTI Chairman Imran Khan has failed to get relief even Friday on his appeal seeking suspension of his sentence in the Toshakhana criminal proceedings case in the Islamabad High Court and the hearing was adjourned till Monday after ECP’s lawyer did not appear in the court due to “ill-health”.
A two-judge bench led by Chief Justice Aamer Farooq and comprising Justice Tariq Mehmood Jahangiri heard the PTI chief’s appeal on Friday. ECP assistant lawyer and PTI chairman’s lawyer Latif Khan Khosa appeared before the court.
During the hearing, Election Commission of Pakistan’s lawyer Amjad Pervaiz did not appear due to ill-health and his assistant lawyer asked for adjournment. The assistant lawyer said that Amjad Pervaiz is not available today as he is “very ill”, he has been advised bed rest for two days by doctors.
At this, the IHC chief justice said: “The request for suspension of sentence is now at a critical stage.” He added that arguments would have been completed in 15-20 minutes.
PTI chief’s lawyer Khosa contested saying that he was sick yesterday but he attended the court. He termed the ECP lawyer’s absence a “very wrong act.” He said that the ECP lawyer only had to present 10-minute arguments, but he skipped the proceedings.
Khosa said, “A person has been in the jail for 20 days. Do you want him to keep in jail for another three days? An assistant lawyer also has a power of attorney, he can give arguments. Your junior judge is sending him to jail, if he is not appearing, can’t you suspend the sentence?”
Chief Justice Aamer Farooq said, “Today we are sitting for this case, we can also do what the trial court has done, we have to run the system, we will see what the trial court has done on the administrative side. We will hear the case on Monday.”
The court then put off the hearing till Monday. Latif Khosa left the rostrum in protest saying that they would not come again. Chief Justice Farooq remarked, “Even if no one comes, I will announce the decision on Monday. Two wrongs do not make one right, we will not do what the trial court did.”
The chief justice further remarked what the trial court had done was wrong. Khosa said; “We will not appear in court, do what you have to do.” He requested the bench to suspend the sentence today. Saying this, Khosa walked out of the court in protest. “We could adopt the same path as the trial court did, but we will not take any step (in haste).
The trial court committed a mistake (in deciding the case) but we will not. The court adjourns the case till Monday and said if no one attends the hearing on that day, the court will decide the case,” said the IHC CJ. Later, the court accepted the request of the ECP lawyer and adjourned the hearing till Monday.
