The Islamabad High Court (IHC) on Friday set aside an earlier verdict of the session court that had declared the Toshakhana reference against PTI chairman maintainable for criminal proceedings.
IHC Chief Justice Aamer Farooq gave the reserved verdict and ordered the session to court hear and decide on the matter again. However, the IHC chief justice rejected an appeal by the PTI chief to transfer the case to another court.
The Toshakhana case was filed by the Election Commission of Pakistan (ECP) against the PTI chief for "deliberately concealing" the gifts he received during his term as the prime minister and retained them from the Toshakhana.
The PTI chief had twice sought relief from the apex court in the matter. However, the Supreme Court dismissed his application, urging him to wait for the high court's decision which was at the time still pending.
The PTI chief had moved multiple petitions at the IHC, challenging the jurisdiction of the additional district and sessions court for trying the case and raising other questions against its order of terminating his right to defence in the Toshakhana case.
A day earlier, IHC CJ Farooq had reserved the ruling on the petitions of the PTI chief, pertaining to his trial in an Islamabad court over Toshakhana gifts.
The verdict ruled on five of the eight petitions filed by the PT chief and declared the lower court's decision null and void.
Read PTI chief fails to appear before ECP in intra-party polls case
The IHC has issued notices restoring the right to defence and directed the trial court to answer all of the PTI chief's concerns; however, the court rejected the application requesting the case to be transferred to another court.
The PTI chief also failed to secure an immediate stay order on the matter.
"The Trial Court shall address the issues raised in the referred petitions while deciding the matter," the ruling read.
The high court also took notice of the concerns raised over social media posts reportedly associated with the trial court judge and ordered the Federal Investigation Agency to probe the matter further.
The "Federal Investigation Agency has rendered its report prima facie that the alleged posts on the Facebook account of Mr. Hamayoon Dilawar, Additional Sessions Judge (West), Islamabad Presiding Officer of Trial Court are not authentic. Federal Investigation Agency is directed to inquire in the matter in detail and involve everyone concerned and furnish a report to Deputy Registrar (Judicial) of this Court within a fortnight," the verdict read.
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