ISLAMABAD: The District and Sessions Court of Islamabad on Monday reserved its verdict on the petition filed by the Election Commission of Pakistan (ECP) in the Tosha Khana case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan.
The verdict will be pronounced on December 15 at 2 pm.
On November 22, the trial court heard the Tosha Khana reference filed by the Election Commission against Khan for alleged involvement in corruption, which the former prime minister denies.
According to the election body’s order, the trial court of Islamabad sent a notice to the PTI chief in the trial started against him in the Tosha Khana reference.
Later, Additional Sessions Judge Zafar Iqbal adjourned the hearing of the case till December 8, 2022.
Today’s hearing
At the beginning of the hearing, ECP’s lawyer Saad Hassan appeared in the court and presented his arguments.
“Imran Khan said he built a road with the money he got from the Tosha Khana [gifts],” he said, adding that any gift the prime minister receives has to be deposited in the Tosha Khana.
He added that after paying 20 percent of the value of the gifts, the Tosha Khana gifts can be kept until the PTI government introduces a new law under which the Tosha Khana gifts will be 50 percent of its value. Pickup is allowed after paying.
“The value of the watch was estimated at Rs 85 million,” he said, adding that Khan failed to disclose the price at which he sold Tosha Khana’s watch.
Hasan said that if any closet items have been transferred, it is mandatory to mention them in the tax return.
“It is not possible to personally own something from the Toshakhana without declaring it,” the lawyer said.
He said that the Election Commission “considers the income tax returns provided by the former prime minister for 2022-2021 to be valid”, adding that the Tosha Khana case was brought up in the National Assembly and the case will be heard in 2020-2021. He was taken to court.
Lawyer Hasan said that Khan’s way of handling Tosha Khana’s gifts was tantamount to money laundering.
“Imran Khan said that he deposited all the items [he paid] in one bank account,” ECP’s lawyer said, adding that 2018 -Properties or gifts taken by Khan during 2019 will be counted among his assets. .
Hassan said that Khan should have declared all his assets before the Election Commission. “The former prime minister also took jewelery from Tosha Khana but did not declare it.”
The lawyer said that the former prime minister also talked about four goats and five lakh rupees in the statements.
The lawyer took the stand that the former prime minister and his wife took a total of 58 gifts worth Rs 142 million from the Tosha Khana over three years, which was equivalent to 20 percent of the value of the gifts.
He said that out of the said Rs 142 million, Khan received gifts worth Rs 107 million from Tosha Khana during 2018-19.
The lawyer added that Khan did not want to make the Rs 142 million gifts public.
“In 2019/20, Khan declared Rs 80 lakh in tax returns but did not say what it was worth,” the lawyer said.
Incompetence
Last month, the ECP had disqualified the former prime minister in the unanimous decision of the Toshah Khana reference and decided that the PTI chief was no longer a member of the National Assembly.
The ECP said the PTI chief submitted a false affidavit and was found guilty of corruption under Article 63 (1) (p).
“Considering our aforesaid findings, the facts available on record and the arguments of the learned counsel for the parties herein, we are of the opinion that the respondent has been disqualified under Article 63(1)(p) of the Constitution. Elections Act.” , read with Sections 137, 167 and 173 of 2017, consequently he ceases to be a member of the National Assembly of Pakistan and his seat is accordingly vacated,” the ECP order said.
In the judgement, the ECP also declared that Khan had “made false statements and false declarations, thereby also committing the offense of corrupt practices as defined under Sections 167 and 173 of the Elections Act, 2017”.
It further stated that the offense was punishable under Section 174 of the Elections Act, 2017 and directed prosecution and follow-up action under Section 190(2) of the Elections Act.
