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Saturday, May 04, 2024  
25 Shawwal 1445  

Toshakhana case in SC and IHC are different: Barrister Gohar

Hassan Raza Pasha says Imran's immediate release unlikely
Screengrab.
Screengrab.

Imran Khan’s lawyer clarified on Thursday that the matter being heard in the Supreme Court and the Islamabad High court both concerned the Toshakhana case but were different appeals.

Speaking in Faisla Aap Ka, Barrister Gohar Ali Khan said that the petition in the Supreme Court had been fixed to review an Islamabad High Court decision to send the Toshakhana case back to the trial court.

He added that there were two problems with the IHC verdict that they had challenged. he added that the first problem was that the the trial court did not have jurisdiction to hear the case and the second issue was the IHC had put a time limit on the case.

Khan denied the impression that the SC had created any hype and had simply asked why the case had proceeded without deciding the matter of the jurisdiction.

He added that there was no ‘hype’ because the SC had not even given any observation but had asked factual questions. He said that the case being heard in the IHC is not the same that is being heard in the Supreme Court.

Hassan Raza Pasha said that the observations the SC had given on Wednesday were ‘100% correct’ and added that the pakistan Bar Council had made similar observations after the Toshakhana verdict was announced. He said thatit was a grave injustice that witnesses had been declared irrelevant without even hearing them.

Pasha added that when the SC appeal was filed the matter had not gone to witnesses yet. He said that the SC should not have made the remarks about the judgement being in error.

He added that the SC remarks had put the IHC in a place of difficulty and the remarks about IHC CJ being sandwiched make sense.

Pasha said that better sense had prevailed on Thursday and the SC had done the right thing.

However, Khan said that no major thing was expected out of the SC verdict on Thursday anyway and better sense had always prevailed.

Pasha said that Imran Khan had received a short sentence and relief could be granted in 15 minutes.

Khan added that Khawaja haris had not appeared for one hearing but would continue to appear in the cases going forward.

Pasha added that even if the Toshakhana case was struck down, Khan was unlikely to be released imemdaitely since his bails had been cancelled in other cases.

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