Former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan late on Wednesday expressed the fear that he may be imminently indicted in the Toshakhana Case by a District and Sessions Court.
In an 'emergency' midnight address on his YouTube channel, the former prime minister recounted his version of events of what had happened in court on Wednesday.
Imran said that first, the court gave them an hour to present their witness. But while the witness was still en route, he said that the court suddenly cancelled the requirement and declared that witnesses by the defence could no longer be presented.
"I want to ask, is this a military trial?" he asked suggestively before adding, "I have a right to a fair trial."
"They cancelled the presentation of defence witnesses when I was ready to present five to six witnesses who could explain the statement I had given in response to the 35 questions."
Imran asserted that his right to a fair trial was inviolable and that he should be given a chance to explain his actions and present witnesses to support his arguments.
"Now it appears that tomorrow (Thursday) I will be indicted," he stated.
He went on to ask why there was a rush to indict him.
"I don't understand what the rush is. The witness comes today or tomorrow; the judge can decide after that."
He stated that everywhere in the world, the accused is afforded the opportunity for a fair trial, and in that spirit, he should be given a chance to give arguments and present evidence and witnesses in his favour.
"Our plea for recusal [against Additional District and Sessions Judge Humayun Dilawar] is pending before the Islamabad High Court (IHC), but unfortunately, the chief justice there is not deciding this case," Imran lamented. He added that of all the cases he was facing, he had sought the recusal of judges in two of them, one being Jude Dilawar and the other IHC Chief Justice Aamer Farooq.
"It is my right that If I feel I am not getting justice, I request recusal [of a judge]," he said.
The former prime minister, in a disappointed tone, stated that they had moved the Supreme Court over the matter, but they were turned away from there, saying that the IHC would decide on the matter, though the district was restrained from pronouncing any verdict until the case for recusal in IHC is decided.
"Despite that, I fear they will take a decision [on indicting me] tomorrow. This is why I am here before you at this late hour," he said.
Facebook post
Dilating on the bone of contention between him and Judge Dilawar, Imran said that it related to a Facebook post of the judge on his personal profile in 2014.
"Justice Dilawar had uttered remarks that make it appear as if he cannot give me justice," Imran said; he later explained that the post "betrayed the judge's mind towards him."
"He (Judge Dilawar) has a personal dislike towards me that is coming to the fore," he stated.
When the matter was raised before the IHC, the court asked the Federal Investigation Agency (FIA) to trace whether Judge Dilawar had indeed made a post as claimed by the defence. However, the FIA on Wednesday presented a forensic report to the court that stated that they found no trace of the post that was pointed out by Imran's counsels in open court earlier this month.
"We communicated the suspected prejudice of the judge to the IHC Chief Justice Aamer Farooq," he stated.
"It's very easy if you want justice in this country; I tell this to the IHC chief justice and the FIA, to write to Facebook, which keeps data for 90 days, and check whether "he had made the post or not.
"Within 30 minutes, you would learn whether that post was made or not."
He insisted that he was ready to face any case thrown his way, but the condition for that was that he should be given a just and fair trial.
Deflecting blame
Earlier, Imran tried to deflect the blame for what caused the Toshakhana case to be created by pinning the blame on his accountant while also accusing former army chief General (retired) Qamar Javed Bajwa of imposing the incumbent government.
He began by stating that whatever gifts he had retained from the Toshakhana as prime minister were per the law and that he had also filed his relevant returns, which declared all his assets and bank accounts.
He went on to claim that the 24-hour-long raid on his Zaman Park home in Lahore was conducted on the pretext of the Toshakhana case.
He claimed that on May 9, 2023, when he was illegally and unconstitutionally 'abducted' by the Rangers and taken to a police lockup in the Police Lines in Islamabad, he learnt that Additional District and Sessions Judge Humayun Dilawar wanted to charge him in the Toshakhana case.
"My lawyer was not present at the moment, nor did I know what case it was in which I was to be prosecuted," he stated.
Imran claimed that he could not be charged until they explained to him what the charges were. "Either I am charged when I am completely aware and present in person, or my lawyers are there."
The next day (May 11), he said, they sought recusal against Judge Dilawar. "We argued that the way in which this particular judge had acted, we have no hope for justice from him."
Imran lamented that as proceedings in the case continued, it became clear to him that a plan had been created to convict him in the criminal Toshakhana case and resultantly disqualify him.
"The judge gave us a questionnaire with 35 questions to answer. Despite the Ashura break, we prepared their answers. I answered all the questions in court yesterday in an hour-long process," he recalled, adding that two prosecution witnesses were also presented.
"The sticking point has become that I did not write 'Toshakhana' in one place," Imran stated.
"All the money was declared. All the money [proceeds] of toshakhana were declared in the bank, before the ECP, and before the FBR in my income tax. Everything is declared," Imran asserted.
At one point, they say the money is declared, but Toshakhana is not mentioned as a source, he said, attempting to point out a discrepancy in the court's arguments.
In another bid to deflect the case - having previously named his Military Secretary Brigadier Waseem Cheema in his responses to the 35 questions posed under Article 342 - Imran claimed that the tax declarations were all filled out by his accountant.
"I have had the same accountant and accounting firm for the past 40 years."
Imran continued that in his responses to the court's queries, his accountant should come and explain what was filled before the Election Commission of Pakistan and relevant government institutions.
"However, the accountant is very clear that everything was filled in per the law."
Watch his full speech below
In an 'emergency' midnight address on his YouTube channel, the former prime minister recounted his version of events of what had happened in court on Wednesday.
Imran said that first, the court gave them an hour to present their witness. But while the witness was still en route, he said that the court suddenly cancelled the requirement and declared that witnesses by the defence could no longer be presented.
"I want to ask, is this a military trial?" he asked suggestively before adding, "I have a right to a fair trial."
"They cancelled the presentation of defence witnesses when I was ready to present five to six witnesses who could explain the statement I had given in response to the 35 questions."
Imran asserted that his right to a fair trial was inviolable and that he should be given a chance to explain his actions and present witnesses to support his arguments.
"Now it appears that tomorrow (Thursday) I will be indicted," he stated.
He went on to ask why there was a rush to indict him.
"I don't understand what the rush is. The witness comes today or tomorrow; the judge can decide after that."
He stated that everywhere in the world, the accused is afforded the opportunity for a fair trial, and in that spirit, he should be given a chance to give arguments and present evidence and witnesses in his favour.
"Our plea for recusal [against Additional District and Sessions Judge Humayun Dilawar] is pending before the Islamabad High Court (IHC), but unfortunately, the chief justice there is not deciding this case," Imran lamented. He added that of all the cases he was facing, he had sought the recusal of judges in two of them, one being Jude Dilawar and the other IHC Chief Justice Aamer Farooq.
"It is my right that If I feel I am not getting justice, I request recusal [of a judge]," he said.
The former prime minister, in a disappointed tone, stated that they had moved the Supreme Court over the matter, but they were turned away from there, saying that the IHC would decide on the matter, though the district was restrained from pronouncing any verdict until the case for recusal in IHC is decided.
"Despite that, I fear they will take a decision [on indicting me] tomorrow. This is why I am here before you at this late hour," he said.
Facebook post
Dilating on the bone of contention between him and Judge Dilawar, Imran said that it related to a Facebook post of the judge on his personal profile in 2014.
"Justice Dilawar had uttered remarks that make it appear as if he cannot give me justice," Imran said; he later explained that the post "betrayed the judge's mind towards him."
"He (Judge Dilawar) has a personal dislike towards me that is coming to the fore," he stated.
When the matter was raised before the IHC, the court asked the Federal Investigation Agency (FIA) to trace whether Judge Dilawar had indeed made a post as claimed by the defence. However, the FIA on Wednesday presented a forensic report to the court that stated that they found no trace of the post that was pointed out by Imran's counsels in open court earlier this month.
"We communicated the suspected prejudice of the judge to the IHC Chief Justice Aamer Farooq," he stated.
"It's very easy if you want justice in this country; I tell this to the IHC chief justice and the FIA, to write to Facebook, which keeps data for 90 days, and check whether "he had made the post or not.
"Within 30 minutes, you would learn whether that post was made or not."
He insisted that he was ready to face any case thrown his way, but the condition for that was that he should be given a just and fair trial.
Deflecting blame
Earlier, Imran tried to deflect the blame for what caused the Toshakhana case to be created by pinning the blame on his accountant while also accusing former army chief General (retired) Qamar Javed Bajwa of imposing the incumbent government.
He began by stating that whatever gifts he had retained from the Toshakhana as prime minister were per the law and that he had also filed his relevant returns, which declared all his assets and bank accounts.
He went on to claim that the 24-hour-long raid on his Zaman Park home in Lahore was conducted on the pretext of the Toshakhana case.
He claimed that on May 9, 2023, when he was illegally and unconstitutionally 'abducted' by the Rangers and taken to a police lockup in the Police Lines in Islamabad, he learnt that Additional District and Sessions Judge Humayun Dilawar wanted to charge him in the Toshakhana case.
"My lawyer was not present at the moment, nor did I know what case it was in which I was to be prosecuted," he stated.
Imran claimed that he could not be charged until they explained to him what the charges were. "Either I am charged when I am completely aware and present in person, or my lawyers are there."
The next day (May 11), he said, they sought recusal against Judge Dilawar. "We argued that the way in which this particular judge had acted, we have no hope for justice from him."
Imran lamented that as proceedings in the case continued, it became clear to him that a plan had been created to convict him in the criminal Toshakhana case and resultantly disqualify him.
"The judge gave us a questionnaire with 35 questions to answer. Despite the Ashura break, we prepared their answers. I answered all the questions in court yesterday in an hour-long process," he recalled, adding that two prosecution witnesses were also presented.
"The sticking point has become that I did not write 'Toshakhana' in one place," Imran stated.
"All the money was declared. All the money [proceeds] of toshakhana were declared in the bank, before the ECP, and before the FBR in my income tax. Everything is declared," Imran asserted.
At one point, they say the money is declared, but Toshakhana is not mentioned as a source, he said, attempting to point out a discrepancy in the court's arguments.
In another bid to deflect the case - having previously named his Military Secretary Brigadier Waseem Cheema in his responses to the 35 questions posed under Article 342 - Imran claimed that the tax declarations were all filled out by his accountant.
"I have had the same accountant and accounting firm for the past 40 years."
Imran continued that in his responses to the court's queries, his accountant should come and explain what was filled before the Election Commission of Pakistan and relevant government institutions.
"However, the accountant is very clear that everything was filled in per the law."
Watch his full speech below