Chief Justice of Pakistan Umar Atta Bandyal says that the order of the trial court in the Tosha Khana case is not correct, if any decision is wrong, then they can interfere in it.
The hearing against the decision of the Islamabad High Court in the Tosha Khana case against Chairman Pakistan Tehreek-e-Insaf Imran Khan was chaired by Chief Justice of Pakistan Umar Atta Bandial.
On behalf of Imran Khan, lawyer Latif Khosa filed a petition of no confidence against Chief Justice Islamabad High Court Amir Farooq, saying that the High Court gave a decision on the petitions on August 4, and on August 5, Judge Humayun Dilawar of the trial court gave a decision against us. gave
Justice Jamal Mandukhel remarked that there was no injunction against the Sessions Court, it had to decide.
Lawyer Latif Khosa said that why is the limit of 120 days given in the law? Will this sword hang for the rest of my life? On which Justice Jamal Mandukhel said that it is written in the law that when the declaration is found to be false, a complaint can be filed within 120 days.
Every judge from the Supreme Court to the subordinate court has equal dignity: Chief Justice
The Chief Justice remarked that there are more than 800 members of the National and Provincial Assemblies, the Election Commission cannot review the assets of hundreds of members of the Assembly in 120 days. The appeal was decided on August, you also challenged it.
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Justice Umar Atta Bandial said that the High Court said that you also objected to the fast pace of the trial with prejudice, if any decision is wrong, you can interfere in it. Every judge from the judge to the subordinate court has equal respect.
Tosha Khana case should not have come from one court to another like this: Justice Umar Bandyal
Sardar Latif Khosa said to the Chief Justice, Sir, we have given blood for you, we sacrificed for the rule of law and independent judiciary, to which Justice Umar Atta Bandial replied we know you are with us while Justice Jamal Mandukhel said that he did not give blood for us or for any person but for the chair and constitution.
The Additional DG Law Election Commission said in the court that the Sessions Court has given a decision on all the points raised by the petitioner, the case is scheduled for hearing tomorrow in the High Court.
The Chief Justice said that the Tosha Khana case should not have come from one court to another. There is a system of courts. The Tosha Khana case has come to the Supreme Court for the second time. It would be better for the High Court to decide first. The list of questions related to Tosha Khana case was sent to the trial court, did the trial court decide on the questions of the High Court?
What was the rush to decide the Tosha Khana case? Justice Mazahar Naqvi
Justice Umar Atta Bandial further said that the petitioner’s complaint is that the High Court sent the case back to the trial court instead of deciding it. The petitioner’s case is that the Tosha Khana case was sent to the wrong court.
Advocate Election Commission Amjad Parvez Advocate said that the trial court had given opportunity to the accused 3 times before the decision, the trial court decided the Toshakhana case due to the absence of the accused.
Justice Mazahir Naqvi said that how did the trial court decide the Tosha Khana case without the right of defense? In any court of the country, in a criminal case, the case is not decided without the right of defense to the accused.
Written decision of today’s hearing
The Chief Justice of Pakistan while writing the decision for today’s hearing of the Tosha Khana case said that the court will wait till tomorrow out of respect for the Islamabad High Court. Relying on, the petitioner stated in the statement of 342 that he wanted to produce witnesses, the trial court rejected the request of Chairman PTI to produce witnesses.
The Supreme Court also wrote in the decision of today’s hearing that the trial court rejected the petition on the basis that the witnesses were not relevant, the case was called two or three times on August 5 and the ex parte judgment was pronounced, this is a serious point of law. , the Supreme Court was informed that the appeal is pending in the High Court and is to be heard, along with the appeal is the application for suspension of sentence.
Chief Justice Umar Atta Bandyal said that he will not interfere in this matter at present and let the High Court decide first, justice should also be seen to be done.
The Chief Justice while talking to Election Commission lawyer Amjad Pervez said that you are a fair lawyer, the accused was not given enough time to answer.
Justice Mazahir Naqvi said that the right to produce witnesses cannot be taken away from any accused, the case was decided the day after the order of the High Court.
The Chief Justice of Pakistan remarked that the High Court will hear the case tomorrow morning, the Supreme Court will hear the case at 1 pm, the court adjourned the hearing of the Tosha Khana case till 2 pm tomorrow.
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