report in Daily Times, Dec 28, 2023 *
The Supreme Court (SC) dismissed on Wednesday the request to immediately hear the plea challenging the disqualification of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the Toshakhana case.
However, there is an indication that the appeal filed by the PTI for a level-playing field in elections is expected to be scheduled for hearing tomorrow. The two matters were brought before acting Chief Justice Sardar Tariq Masood.
Petitioner’s counsel Shahbaz Khosa urged the formation of a three-member bench to hear the disqualification case in the Toshakhana matter. However, Justice Masood noted that only two judges were available in Islamabad, emphasising the need for a three-member bench for the Toshakhana case. Hence, a hearing on the Toshakhana disqualification case would not be feasible this week, the acting CJ added.
Justice Athar Minallah highlighted that the suspension of the disqualification will not lead to the former premier’s sentence being suspended. “The petition in front of us maintains that since the decision of the case has been suspended, the sentence [awarded to Imran] should also be done away,” he said, adding that such a decision is unprecedented in Pakistan’s legal history. Khosa referred to the case against Makhdoom Javed Hashmi in which he claimed the veteran politician’s conviction was also suspended along with the decision of the case. Underscoring the three-year disqualification imposed on the PTI’s founder, the lawyer emphasised on how judge Humayun Dilaawar – who adjudicated on the Toshakhana case – swiftly conducted five hearings in a single day.
Justice Masood clarified that a two-member bench could only reject the request, asking the petitioner’s counsel if the court should to that? He said a two-member bench will be unable to provide interim relief, as the decision rested with the division bench in the high court. “What if the case involves crucial points requiring a five-member bench,” Justice Masood stated, adding that Chief Justice Qazi Faez Isa will be back in court next week.
The lawyer persisted, suggesting that the court could form a bench without a cause list. In response, Justice Tariq Masood stated, “We can’t form a bench here. Tell us who to call for a hearing?” The judges left the courtroom, concluding proceedings in the chamber. Earlier, Justice Athar Minallah remarked that there were very serious allegations in the application. Advocate Khosa responded that had the case been filed on time, today’s emergency situation could have been avoided. Justice Masood stated that only a three-member bench will hear the case, whereas the contempt of court petition related to the plea concerning level-playing field in the upcoming elections could be scheduled for hearing tomorrow. https://dailytimes.com.pk/1155639/no-quick-relief-for-imran-against-disqualification/
