ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan approached the Supreme Court against the rejection of the appeal of the Islamabad High Court (IHC) to transfer the Tosha Khana reference to another court.
However, the Office of the Registrar of the Supreme Court cited various deficiencies, including improper execution of the power of attorney, insufficient case description, improper formatting of the parties’ memos, and absence of petitioner/advocate names and signatures on record. Appeal returned citing availability. AOR) in the appeal, JEE News reported.
The PTI chief filed his petition in the Supreme Court under Article 185 (3) of the Constitution, seeking permission to appeal against the IHC Chief Justice’s order issued on August 4.
He pleaded with the apex court to convert the petition into an appeal against the order, which was allowed by a single bench of the IHC headed by Chief Justice Aamir Farooq. The Chief Justice of the IHC had rejected the appeal filed by the PTI Chairman to transfer the Tosha Khana reference to another court.
In his petition filed in the Supreme Court on Saturday through his lawyer Barrister Gauhar Khan, the PTI chairman maintained that reliance was placed on the judgment of the single judge, Chief Justice of the IHC, which referred the matter to a new judge. He refused to hand over to any other judge. The learned Judge who granted injunction in a criminal revision petition is not fully applicable to the law and facts of the instant case and, consequently, the impugned judgment is not warranted by law.
However, the Supreme Court Registrar’s office objected that the court fee of Rs 250, court filing fee stamp on power of attorney, affidavits and civil miscellaneous appeals (CMAs) etc. was not imposed.
Similarly, the Registrar’s office also stated that no evidence was attached as to whether the petitioner was in jail or had misrepresented his conviction, date and case number in the affidavit and notice.
It was further stated that the AOR should make it clear at the end of the petition that all the valid copies of the invalid documents have been compared word by word and found to be correct in all respects.
It was objected that “Index/Comprehensive Statement/Proforma/Mem of Petition/Affidavits/CMA/Crl M.A not personally signed by AOR/Petitioner”.
Therefore, if sanctioned, the case may be “returned to the AOR/petitioner in original” within 14 days i.e. by 19 August 2023.
