Tosha Khana Case: Decision to chargesheet Imran Khan

 

Islamabad: The Sessions Court has decided to charge PTI Chairman Imran Khan in the Tosha Khana case on May 10.

According to the details, the Tosha Khana case was heard in the court of Additional Sessions Judge in Islamabad, Imran Khan's lawyer Khawaja Haris.
He said that the application was filed when the Tosha Khana case was admissible, the application was filed under Section 190A of the Election Act, the Sessions Court cannot hear the Tosha Khana case directly.

Imran Khan's lawyer, Khawaja Haris, objected to the jurisdiction of the court and read out sections 190 and 193 of the Election Act in the court.

Khawaja Haris said that the hearing of the case and the trial are two different things, if the case is sent under section 190, then the session court can hear the case, the complaint procedure of the petitioner district election commissioner is not correct, the complaint is in the magistrate's court. After going to the Sessions Court, the complainant is the District Election Commissioner which is a violation of Section 190.

During the hearing, lawyer Amjad Pervaiz said that the jurisdiction of the court is being challenged in installments, the jurisdiction of this court was not challenged in the High Court, when Imran Khan appeared in this case in the judicial complex, the court was at 4 o'clock. Imran Khan left home at 8 o'clock in Lahore. These are the circumstances of punctuality.

On which Imran Khan's lawyer said that I have to discuss my second application as well, it is the will of the court to dismiss the jurisdictional application, we will discuss the second application, we have come to face the case, do not favor us. When they came, the houses were attacked.

On which the court said that we did not ask Imran Khan to appear, is it not enough, the accused is not present in the court and the court is listening to you, will decide both the applications in the same order.

During the hearing, Khawaja Haris argued that the application of the Election Commission is inadmissible and said that either a person can make a complaint or a commission can be made, the Election Commission consists of a chairman and members.

Khawaja Haris questioned whether the Election Commission authorized anyone to file a complaint, the Secretary Election Commission authorized to file a complaint, which the law does not allow, the Election Commission in its decision of October 21, 2022 allowed anyone to file a complaint. Not authorized, not the Election Commission but the Secretary Election Commission authorized to file the complaint.

The lawyer said that the District Election Commissioner is written in the heading of the complaint, while the Deputy Election Commissioner is mentioned in the text of the complaint, an affidavit was given by Waqas Ahmad Malik on 8 November 2022, on the complaint and on the affidavit. Ahmed Malik's signature is different.

The complaint against Imran Khan was filed under the Election Act 2017, under the Election Act the petitioner is eligible to file a complaint within 120 days, the complaint against Imran Khan was not filed within 120 days.

The session court gave a reserved verdict on both the petitions of Imran Khan in the Tosha Khana case, rejecting the petitions related to the jurisdiction of the court and the inadmissibility of the petition.

The session court decided that the indictment will be imposed on Imran Khan in the Tosha Khana case on May 10, while the court summoned Imran Khan in his personal capacity on May 10.