Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has challenged the trial court's verdict in the Toshakhana case before the Islamabad High Court (IHC) in an effort to reverse the Election Commission of Pakistan's (ECP) decision regarding his disqualification.
The PTI chief's lawyer said in the appeal that they had asked the IHC to fully overturn the judgment of the trial court that had found their client guilty in the Toshakhana case. However, it was also stated that the trial court order had not been halted by the IHC in its judgment on August 28; only the PTI chief's sentencing had been.
"It is a settled principle of law that the inherent powers of the High Court are very wide and undefinable. High Court can make all such orders to do real and substantial justice and it is a fit case to exercise the powers under Section 561-A Cr.P.C. as the omission in not recording the contentions of the learned counsel for the applicant/appellant at the bar praying for suspension of the impugned order dated 05.08.2023 and subsequent non-mentioning of the same in the order dated 28.08.2023 is an omission floating on the face of the order,” the plea reads.
Khan's "rights" allegedly suffered "serious prejudice" as a result of the trial court's ruling not being suspended since ECP forbade him from running in elections, according to the petition.
The petition further stated that despite the conviction not having reached "finality," the ECP issued the disqualification decision in a hurry.
Following his conviction in the Toshakhana case, the ECP imposed a five-year suspension on the PTI chairman in August of this year.
The electoral watchdog announced in a statement that the PTI chief was disqualified after being found guilty of corrupt practices under Section 167 of the Elections Act, 2017, and receiving a three-year sentence.