Justice Athar Minallah of the Supreme Court Wednesday observed that the suspension of the trial court verdict against PTI Chairman Imran Khan in the Toshakhana case cannot end his disqualification.
The judge’s remarks came during the hearing of the PTI chief’s petition seeking suspension of his conviction in the Toshakhana case in a bid to partake in the elections scheduled for February 8 next year.
The PTI chief was disqualified for five years from holding any public office due to his conviction in the case.
The apex court, however, refused to fix the petition for hearing as only two judges of the SC were available owing to winter vacation.
On December 21, IHC’s two-member bench rejected Khan’s request seeking suspension of the trial court’s verdict in the aforementioned case.
Addressing Khan’s lawyer Shahbaz Khosa, Justice Minallah said the matter before the bench was that conviction should be overturned following suspension of sentence in the case.
“There is no judicial precedent in the country’s history that suspension of sentence led to the annulment of conviction,” he remarked.
Khosa responded by saying that there are judicial precedents when senior politician Javed Hashmi’s sentence was abolished along with verdict.
“The court should see how Judge Humayun Dilawar issued five sentences in a single day,” the lawyer added.
Acting Chief Justice Sardar Tariq Masood told Khosa that this petition could be dismissed by a two-member bench, asking him if they should do so.
“A two-member bench cannot even give you interim relief because there is a division bench decision in the high court,” he remarked.
Justice Masood said disqualification petition in the Toshakhana case should be fixed before a three-member bench.
“Only two judges are available in Islamabad. The Toshakhana case should be heard by at least a three-member bench,” the judge remarked.
