The Supreme Court rejected the Pakistan Tehreek-e-Insaf's (PTI) plea to hear its appeal for suspending the Toshakhana sentence against former party chairman Imran Khan over the non-availability of the bench.
This appears to have virtually ended the chances of Imran Khan to contest the upcoming general elections, scheduled for February 8.
The PTI lawyers had requested the court immediately hear the petition seeking suspension of the Toshakhana decision.
The Supreme Court gave these remarks while taking up the cases for suspension of the Islamabad High Court verdict against former PTI chairman Imran Khan in the Toshakhana case, as well as a contempt plea against the provision of level playing field to the party.
Acting Chief Justice of Pakistan (CJP) Sardar Tariq Masood remarked that a division bench of the IHC had delivered the Toshakhana verdict, but a three-member bench of the apex court, which is required to hear the plea, was not available this week.
The whole nation is looking at this case, lawyer Shehbaz Khosa said, adding that Imran Khan could contest the election only if he gets relief in the Toshakhana case before December 30.
Justice Minallah remarked that there was no such precedent that when a sentence is suspended, the entire decision is suspended. “You want something that has never happened in the history of Pakistan,” he added.
The PTI lawyer said it happened in the Javed Hashmi case.
“Do not get into the merits, only a three-member bench can hear the case,” Justice Minallah responded, adding that judges were not available in Islamabad for the three-member bench.
“If not Islamabad, then fix the case in Lahore, but fix it,” the lawyer pleaded.
The acting CJP said they did not have a third judge during the winter vacation. “Tell us if we should ask someone from here to join the bench.”
Justice Minallah remarked that even if the decision of the Islamabad High Court was suspended right now, there was no use.
Earlier, the PTI lawyers appeared before the court. Counsel Latif Khosa claimed that documents were snatched from his staff and threats issued inside the court premises.
Acting CJP Masood said this matter would be looked at on the administrative side, adding that there was no constitutional issue to be raised in the court.
Khosa said this was akin to denying access to justice.
“Your petition contains very serious allegations,” Justice Athar Minallah remarked.
The PTI lawyers were then instructed to file an application against the snatching of their appeal, as the CJP said the relevant SP could be instructed for an inquiry on the administrative side.
Moreover, the Supreme Court hinted at hearing the PTI’s contempt petition tomorrow against the provision of a level playing field in the elections despite court orders.
The contempt petition may be heard tomorrow, the acting CJP hinted.
