ISLAMABAD: The session court declared the Tosha Khana case against Chairman PTI as admissible and fixed July 12 for hearing.
According to the details, the Tosha Khana case was heard in the Sessions Court of Islamabad, Additional District and Sessions Judge Humayun Dilawar conducted the hearing.
Amjad Pervez, the lawyer of the Election Commission, while giving arguments, said that the Election Commission in its decision called for action under the Election Act on corrupt practices, this was authorized by the Election Commission. The power to initiate legal proceedings lies in the decision of the Election Commission, called legal proceedings under Section 190 of the Election Act. There is also an authority letter along with the complaint of Election Commission, the authority letter mentioned the name of the accused and asked for legal action.
Amjad Pervez said that the entire Election Commission gave the authority to take legal action against the Chairman PTI, Section 190 of the Election Act gives the authority to file a complaint. Section 190 empowers any person or commission to file a complaint on corrupt practice.
Lawyer Election Commission said that the complainant is not the manager of a bank but the District Election Commissioner, the complainant is not even a common citizen, the authorization letter given by the District Election Commissioner also referred to the decision of the Election Commission. In a decision dated 21 October 2022, the Election Commission called for action on corrupt practices. The complainant affidavit stated that he was authorized by the Election Commission to file the complaint.
Amjad Pervez further said in arguments that even if a complaint is filed without authorization, will the court throw the complaint in the trash or will the court ask to correct the authorization. The lawyer said that if the Election Commission wants to file an FIR, will any officer file it or will the entire Election Commission go and file it? The Election Commission is following this case considering its legal duty. Authorization cannot be denied, complaint against corrupt practice is the duty of Election Commission, no by-laws can prevent Election Commission from its constitutional responsibility.
Amjad Pervez further said that crime never dies and it is a responsibility. False declaration is a crime, does the crime have an expiry date. There is no expiry date for the crime under any law, the accused says the complaint was filed after the lapse of time, the complaint of the Election Commission has no time bar, the member of the National Assembly has to declare his assets to the Election Commission.
The lawyer said that the purpose of this is to prevent corrupt practices. The Speaker of the National Assembly sent a reference to the Election Commission. It is based on the reference of the National Assembly.
The Election Commission has to scrutinize the assets, if the assets are found to be false in the scrutiny, the Election Commission can file a complaint only within 120 days, however, the case against Chairman PTI is based on the reference of the Speaker and the complaint of the Election Commission is dismissed. Based on blowing.
The record of Tosha Khana's gifts was hidden from the Election Commission. When writs were filed in the High Court by the citizens for the records of the Tosha Khana, the details of the gifts of the Tosha Khana came to light, now it is being said that a complaint can be filed within 120 days.
Amjad Parvez said that Barrister Ali Gohar has been appearing in this case since the first day, he is representing the accused in the court. They say that Khawaja Haris will represent it, it is nothing but prolonging the case.
On which the lawyer of chairman PTI said that the accused has the right to choose which lawyer to represent him, the court should give us time till Monday for arguments, we have the right that the court should hear us. According to the decision of the Islamabad High Court, there is another four days.
The court said that Khawaja Haris is a great lawyer, he wanted ego, the whole of Pakistan is watching this case, on which Barrister Gohar said that the court should decide keeping the eyes of the people in mind. Khawaja Haris is in Lahore and should be given time till Monday.The court rejected Chairman PTI's plea to adjourn today's hearing and declared the Tosha Khana case admissible and fixed the case for hearing on July 12.
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