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Mistakes apparently present in trial court’s Toshakhana verdict, CJP observes

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday observed that prima facie there were “mistakes” present in a trial court’s verdict convicting former prime minister Imran Khan in the Toshakhana case.
On August 5, a trial court in Islamabad found the PTI chief guilty of “corrupt practices” in a case pertaining to concealing details of state gifts and sentenced him to three years in prison. The verdict also means that he stood disqualified from contesting general elections for five years.
Subsequently, Imran approached the IHC against his conviction and sentence. A day earlier, the high court adjourned the case till tomorrow (Aug 24).
A three-member SC bench, comprising CJP Bandial, Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail, took up a petition filed by Imran today challenging the IHC’s order of remanding the Toshakhana case to Additional Sessions Judge (ASJ) Humayun Dilawar who convicted the former prime minister.
During the hearing, the top court heard arguments by PTI lawyer Latif Khosa and Election Commission of Pakistan’s (ECP) counsel Amjad Pervaiz.
After hearing both sides, the CJP said, “We will not interfere in the Toshakhana case today … we will look at the IHC hearing tomorrow and then resume the proceedings.”
However, the top judge observed: “Prima facie, there are mistakes in the trial court verdict.”
Later, the bench noted in the written order of today’s hearing that the trial court had proceeded ex-parte in the Toshakhana case proceedings and decided the case without hearing Imran’s side.
It also noted that Imran had expressed the intention to produce four defence witnesses during the proceedings but the request was turned down by the trial court, which concluded that the witnesses were not relevant to the “controversy” pertaining to the matter.
It added that the same was confirmed by the ECP counsel who also “admitted” that the trial court had not decided the matter afresh, in contrast to the IHC’s August 3 order wherein it had remanded the case back to the trial court.
The SC order said that the trial court, in its final decision, had reaffirmed its earlier orders which were set aside by the IHC.
“In this respect, the final judgement of the trial court dated August 5, 2023, prima facie, defies the direction of remand issued by the high court by relying on its earlier point of view that already stands rejected by the high court,” the SC order read.
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The hearing
At the outset of the hearing, Imran’s lawyer Latif Khosa said the PTI chief had filed three petitions against IHC orders in the apex court.
He recalled that Imran was elected as a member of the National Assembly from Mianwali during the 2018 elections. “The Election Act tells every member of the NA to submit details of their assets,” the lawyer said, adding that six MNAs had submitted a reference to the speaker seeking the PTI chief’s disqualification.
The MNAs, Khosa continued, had accused Imran of submitting an incorrect declaration of his assets. The speaker had then sent the reference to the Election Commission of Pakistan (ECP) under Section 137 of the Election Act.
Here, Justice Naqvi asked the lawyer to read out the said section of the act, which pertains to the submission of a statement of assets and liabilities.
Continuing his arguments, Khosa contended that the ECP could only conduct an inquiry within 120 days.
“Can one member [of the NA] send a reference against another member?” Justice Naqvi asked, to which the lawyer replied that no one could send a reference and the ECP too could only conduct an inquiry within a fixed time.
“Action can be taken within 120 days after the submission of financial statements,” he highlighted, adding that only the NA speaker could send a reference to the ECP, not a member.
The reference against the PTI chief, Khosa continued, was sent after 120 days.
At that, Justice Mandokhel interjected that the petitioner’s case was against the IHC order and not the legality of the reference against Imran.
“Who can be remanded now that the trial court case is over?” the judge asked. “How will this case impact the main appeal against the conviction?”
In his response, Khosa said the court would have to “rewind the hands of the clock back to the previous position”.
However, the CJP remarked, “A building constructed on faulty foundation cannot be demolished every time.” He also asked if the petitioner’s argument was that the ECP’s complaint in the trial court — filed on Oct 21 — was not maintainable.
“Our stance is that the Toshakhana complaint should have first been sent to the magistrate,” Khosa pointed out.
“According to you, the magistrate conducts the initial inquiry and then the sessions court holds the trial,” the chief justice asked.
At this, Justice Mandokhel explained that the law states a magistrate would review the complaint and then send it to the sessions court. “In the law, what does the magistrate reviewing [the complaint] mean?” he asked.
For his part, Khosa said the magistrate would decide if the complaint was eligible or not.
Here, the CJP inquired who could register a complaint under the Elections Act, to which the PTI lawyer replied that the complaint could be filed by the ECP.
Khosa further lamented that the ECP secretary had asked the electoral body’s district commissioner to file the complaint against Imran.
“So you are saying that the secretary should not have been declared the ECP,” the CJP said. “The sessions court should have rejected the complaint,” the top judge added.
Meanwhile, Justice Mandokhel opined that the matter could be solved during the IHC hearing on Imran’s petition against his conviction. He also asked: “What was the hurry to give the [sessions court] verdict?”
Subsequently, the CJP asked the PTI lawyer if the petitioner would raise these questions in the high court or if he wanted the SC to highlight them for the IHC.
Khosa replied that Imran’s conviction was announced by a court that did not have the jurisdiction to do so. “This matter can also be raised during the hearing of the appeal in the IHC,” the CJP noted.
At one point, when Khosa raised an objection over the IHC CJ, Justice Bandial asked him to raise an objection to verdicts and not the courts. “Criticism should only be restricted to the decisions … this is the way institutions work.”
He further maintained that no one could be accused of biasedness, asserting that the court would defend all the judges.
The court then called the ECP lawyer to the rostrum. Beginning his arguments, Pervaiz said the trial court had reserved its verdict on all objections raised by the PTI chief.
He also said that Imran had been provided all the chances to defend himself during the case proceedings.
At this, Justice Bandial asked: “Can you see the PTI chairman here? I can’t see the suspect anywhere … is the suspect here in court or is he behind bars?”
“Don’t joke like that,” an irked CJP said. “What opportunities were given to the PTI chief? The trial court, after calling the case thrice, convicted the suspect and sent him to jail … the PTI chairman was not even heard.”
Later, the top judge remarked that as a court of law, the SC didn’t want the case to be sent from one court to the other and decided to wait for the IHC hearing tomorrow. The case was subsequently adjourned till 1pm, Thursday.
The petition
Imran’s appeal, instituted through Advocate Khawaja Haris Ahmed, requests the apex court to suspend the proceedings before the trial court hearing the Toshakhana case.
The appeal contended that IHC Chief Justice Aamer Farooq, while remanding the case to the trial judge, misconstrued the submission made on behalf of the counsel to remand the case to any trial judge other than ASJ Humayun Dilawar.
“Yet the high court remanded the case back to the trial court without affording the counsel to separately submit arguments on merits regarding the application for the transfer of the case.
“Moreover, the high court also erred in law while remanding the case regarding challenge to the jurisdiction of ASJ to proceed with the complaint on merits for the decision afresh on the grounds that the decisions earlier rendered by the trial court was ‘cursory and shoddy’ since it did not address the essential arguments of the petitioner’s counsel,” the appeal argued.
It added: “The manner in which the high court passed the judgement was in breach of the fundamental rights of the petitioner since the record showed the high court order was not passed with due application of the mind.
The petition also sought transfer of the case based on alleged bias; primarily, on the grounds that the charge was framed against the petitioner in haste and improper fashion and also the contentions of the petitioner in various applications have not been decided correctly.
Meanwhile, Imran, through his lawyer, filed a fresh petition in the SC earlier in the morning seeking the transfer of all cases in which he is involved before the IHC to the high courts in Lahore or Peshawar. The petitioner claimed that the IHC CJ was biased against him and was trying to keep him behind bars to prevent him from contesting the upcoming general elections.
Toshakhana case
The case, filed by ruling party lawmakers, is based on a criminal complaint filed by the ECP.
The case alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.
According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the ECP.
Imran has faced several legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.
On Oct 21, 2022, the ECP concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.
The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.
Subsequently, the ECP had approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.
On May 10, Imran was indicted in the case. However, on July 4, the Islamabad High Court (IHC) had stayed the proceeding and directed ADSJ Dilawar to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the Toshakhana reference.
The questions had included whether the complaint was filed on behalf of the ECP by a duly authorised person, whether the ECP’s decision of Oct 21, 2022, was a valid authorisation to any officer of ECP to file a complaint, and whether the question of authorisation was a question of fact and evidence and could be ratified subsequently during proceedings.
Finally, on July 9, ADSJ Dilawar while ruling that the reference was maintainable, revived the stalled proceedings and summoned the witnesses for testimony.
A session court had last month declared that the ECP reference against the PTI chief was maintainable. The decision was subsequently challenged in the IHC.
On Aug 2, Judge Dilawar had ruled that Imran’s legal team failed to prove the relevance of his witnesses. He had warned the defence counsel to conclude the arguments, or else the court would reserve an order.
The IHC gave a short breather to Imran on Aug 5, asking the judge to re-examine the jurisdiction and any procedure lapse in the filing of the complaint by the ECP. However, a day later, the trial court convicted the ex-premier.
Police allowed to interrogate Imran in Jinnah House case
Separately, a Lahore anti-terrorism court (ATC) granted police permission today to interrogate and arrest Imran Khan in a case pertaining to vandalism at Jinnah House in the city on May 9.
The PTI chief’s arrest from the IHC premises on May 9 in a graft case had resulted in protests across the country, during which several civil and military properties and installations, including Lahore’s Jinnah House, were vandalised. Action has been initiated against those accused of being involved in the attacks, including Imran.
Today, the Lahore deputy inspector general (Investigation) submitted an application to ATC judge Ejaz Ahmad Buttar, stating that Imran was presently confined in Attock Jail and “the interrogation of accused leading to his subsequent arrest is required” in the Jinnah House attack case.
“It is prayed to grant permission to interrogate and arrest the accused person confined in Attock Jail,” the application, a copy of which is available with Dawn.com, read.
The court accepted the police request, allowing it to arrest and interrogate Imran.
News
India resumes internet ban in restive Manipur after protests

India has reimposed an internet ban on the restive Manipur state after violent protests erupted following the circulation of photographs of two dead students killed during the months-long conflict, officials said.
More than 150 people have been killed in the remote northeast state since armed clashes broke out in May between the predominantly Hindu Meitei majority and the mainly Christian Kuki community.
The far-flung state has fractured on ethnic lines with rival militia groups setting up blockades.
A nearly five-month-long internet ban was lifted last week, but was reimposed late Tuesday after dozens were injured during violent protests in the state capital Imphal.
On Tuesday, police fired tear gas as hundreds of angry students marched following the release of photographs of two dead bodies on social media, a 17-year-old woman and a 20-year-old man from the Meitei community, local media reported. The pair went missing in July.
The internet was then cut to curb the “spread of disinformation, false rumours, and other types of violent activities through social media platforms”, a government order read.
Biren Singh, the state’s chief minister, said on late Tuesday that officers were investigating the deaths.
Prime Minister Narendra Modi has been criticised for his administration’s failure to end the violence in the state, which is governed by his Hindu nationalist Bharatiya Janata Party (BJP).
Human Rights Watch has accused the Manipur authorities of facilitating the conflict with “divisive policies that promote Hindu majoritarianism”.
Mallikarjun Kharge, leader of the opposition Congress party, on Wednesday accused the ruling party of turning Manipur “into a battlefield”, in a post on X.
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News
Avastin use banned for indefinite period

LAHORE: The Punjab government has slapped a ban on the use of Avastin injection for eye patients for an indefinite period across the province, besides launching a portal to collect data of the patients affected by the drug and provide them treatment facilities.
The data collection through the portal launched by the Primary and Secondary Healthcare Department will help the government prepare a policy regarding the use of the injection.
Provincial health ministers Dr Jamal Nasir and Dr Javed Akram said this while addressing a joint press conference here on Tuesday.
They said the ban was imposed as a high-level inquiry was underway to find out the prime factors leading to vision loss among patients administered the injection in Punjab.
68 affected patients have surfaced in Punjab so far
They asked the affected patients to provide necessary information on the portal to get treatment and help the government in assessing the true impact of the drug’s reaction.
They said that so far 68 patients affected by this injection have been reported in the province, for whom special beds have been allocated in the Holy Family Hospital Rawalpindi, Mayo Hospital, Lahore and Nishtar Hospital, Multan.
The ministers said a new 10-member committee has also been constituted by Punjab Chief Minister Mohsin Naqvi to analyse the situation caused by Avastin injection’s reaction.
The committee will point out deficiencies and weaknesses at various levels in handling and use of the injection and prepare a comprehensive action plan to prevent recurrence of such incidents in future.
Primary Healthcare Minister Dr Jamal Nasir said this injection, available in the market in 100mg pack, was primarily meant for the treatment of colon cancer and its use for the treatment of eyes in diabetic patients falls under the category of “off-label” use, adding that the injection was neither fake nor locally manufactured.
“The diabetes patients require only 1.2mg dose and some people sell this injection in small syringes for this purpose,” Dr Nasir said.
He said the injection should be kept at 2 to 8 degrees Celsius temperature and administered to the patient within six hours of opening the pack. However, he said, apparently due to increase in temperature its chemical composition changed and this might have happened because of not maintaining the required temperature during its transportation.
Dr Nasir said that efforts were under way to arrest those who sold this injection in small syringes illegally, adding that the Punjab Healthcare Commission (PHC) has also been directed to trace the doctors and hospitals involved in this issue.
The minister said that 11 drug inspectors in eight cities of Punjab have been suspended from service and an inquiry has been ordered against them for failing to check the illegal sale of the injection in small doses.
Punjab Specialized Healthcare Department Minister Dr Javed Akram said new members have been added to the committee constituted by the chief minister, including Professor of Microbiology Dr Sidra, Professor of Ophthalmology Dr Moin and Professor of Forensic Medicine Dr Allah Rakha.
He said the committee would also inspect the premises where the injection was being packaged in small syringes and determine whether those places were suitable for the process or not.
Apart from this, he said, the record of temperature maintained during shipment, off-loading and transportation etc of the “contaminated” lot of the injection would also be sought from Switzerland-based company.
Dr Akram apprehended that it seemed good clinical practices had not been taken into account while using this injection for eye treatment. He said it was mandatory to seek consent of the patient in local language before administering the injection, adding that those responsible for this episode would be held accountable without any leniency.
PHC: The Board of Commissioners of the Punjab Healthcare Commission (PHC) has directed the senior management of the commission to be prepared for special inspections of the hospitals where eye infection cases were reported due to the administration of Avastin injection to the patients.
The directions were issued in an emergent meeting of the PHC Board of Commissioners (BoC) headed by chairperson retired Justice Muhammad Bilal Khan.
A representative of the PHC, who had attended the meeting of the recently formed committee by the government also attended the BoC meeting.
He briefed the BoC regarding the proceedings of the meeting convened by both interim health ministers – Prof Javed Akram and Dr Jamal Nasir.
The BoC was informed that the issues related to import, compounding and dispensing of the dosage for eye patients will be investigated by the committee, while the PHC was asked to investigate the practices in the hospitals where the injection was administered.
After deliberations, the BoC directed the PHC senior management to make preparations for any action, especially, the inspections of the hospitals where the infections have been reported.
The BoC also ordered inspections of these healthcare establishments to ensure implementation of the minimum service delivery standards, especially pertaining to infection protection and control, medication management, qualifications of the medics, and sterilisation of operation theatres.
The BoC also ordered issuance of an advisory for the affected patients to initiate complaint about these incidents. For this, they can also WhatsApp their complaints at 0306 0843500, for initiation of investigation by the PHC.
In a related development, the Lahore police arrested a suspect, Bilal, from Arifwala, in connection with Avastin injection scam.
The police said a case had been registered against the suspect by Faisal Town police.
A special police team investigating the case traced the location of the suspect at Arifwala and arrested him in a raid on a premises, with the help of local police, sources said.
Published in Dawn, September 27th, 2023
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News
Senate panel summons foreign ministry, AGP to explain ‘US objections’ to Iran-Pakistan gas pipeline

The Senate Standing Committee on Cabinet Secretariat has summoned the Ministry of Foreign Affairs and Attorney General for Pakistan (AGP) to brief the panel on objections reportedly raised by the US on the multi-billion-dollar Iran-Pakistan (IP) gas pipeline project.
Tehran has been claiming to have completed its side of the 1,150-kilometre pipeline for which a groundbreaking ceremony was jointly conducted by then presidents Asif Ali Zardari and Dr Mahmoud Ahmadinejad on the Iranian site of Gabd, near Chahbahar in March 2013 with an estimated cost of $7.5bn at the time.
Pakistan had committed to complete its side of the project by January 2015. However, in February 2014 then petroleum minister Shahid Khaqan Abbasi told the parliament that the Iran-Pakistan project was “off the table” due to international sanctions.
Earlier this year, former petroleum minister Musadik Malik explained that despite being fully committed to its contractual obligations under the Gas Sales and Purchase Agreement (GSPA), the Government of Pakistan had been unable to start construction of the pipeline due to US sanctions on Iran.
Officials said Pakistan had requested Washington earlier this year for a solution for the project to help overcome energy shortages but had not yet received any response.
In August, Pakistan issued a notice of ‘Force Majeure and Excusing Event’ to Iran to suspend its contractual obligation on completion of the gas pipeline. Simply put, Pakistan had expressed its inability to pursue the project as long as US sanctions on Iran remain in place or Washington tacitly green lights Islamabad to go ahead with the project.
The matter came under discussion today during the Senate panel today.
Petroleum Additional Secretary Hassan Yousafzai briefed the committee that a deadline for 2024 had been given by Iran regarding the completion of the gas pipeline and failure to meet it would lead to fines.
“We are trying to renegotiate the matter with Iran,” he said, adding that efforts were being made to find out other ways of obtaining gas.
The secretary further expressed concerns that Pakistan could be subject to “liabilities of $20 billion”. The issue, he went on to say, was also raised with the US.
“Laying the gas pipeline till Gwadar will cost us $2bn,” he told the panel, adding that reneging on the deal with Iran could lead to a whopping $18bn penalty.
Commenting on the matter, Senator Mushtaq Ahmed called for summoning the Ministry of Foreign Affairs to “find out why can’t we purchase cheap gas from the neighbouring country”.
“We should know the reason behind the obstruction,” he said.
Meanwhile, the chairperson of the Senate committee, Sadia Abbasi, highlighted that India never faced such restrictions. “How was the agreement even signed amid these restrictions?” she asked.
Here, PPP Senator Waqar Mehdi said the agreement was signed under the government of ex-president Zardari.
The Iranian pipeline was aimed to supply 750 million cubic feet per day (MMCFD) of gas, although it was vehemently opposed publicly and diplomatically by the US authorities, particularly when Pakistan and Iran signed framework agreements and GSPA in 2009 and 2010 respectively.
Pakistan signed the pipeline agreement in 2014, which included a condition that Islamabad will pay billions of dollars in penalties if it abandons the project.
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