ISLAMABAD  -  Chairman Pakistan Tehrik-e-Insaf (PTI) Imran Khan Thursday moved the Islamabad High Court (IHC) seek­ing suspension of the trial court’s verdict in the Toshakhana case.

Imarn moved the petition through his counsel Sardar Latif Khosa Ad­vocate and cited the District Elec­tion Commission Islamabad as re­spondent. In the petition, he prayed to the court that the instant applica­tion may be allowed and while exer­cising the powers under Section 5614 C.P.C. the omission of not recording the conten­tion of the counsel for the petitioner with regard to the suspension of impugned judgment dated 05.08.2023 may be rectified and “in consequence whereof, operation of impugned judgment dated 05.08.2823 may be ordered to be suspended till fi­nal decision of the appeal in the interest of justice.”

In the plea, the counsel contended that they had requested the IHC to completely suspend the tri­al court verdict that had convicted his client in the Toshakhana case. However, he added that the IHC in its August 28 verdict only suspended the sen­tence of the PTI chief and not the trial court order. 

He contended, “That it is a settled principle of law that inherent powers of 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 petition further contended that Khan’s “rights” faced “serious prejudice” because of the non-suspension of the trial court verdict as ECP barred him from contesting elections. It added, “However, the same has caused serious prejudice to the rights of the applicant/appellant as he has been disqualified from contesting election by the ECP’s Notification dated 08.08.2023 on the basis of the impugned order of conviction /sentence, hence, the interest of justice demands that the omission stated heretofore may be rectified by exercising the pow­ers under Section 561-A Cr.P.C. and the operation of impugned order may very graciously be ordered to be suspended/stayed till final decision of the ap­peal.” Therefore, the petition urged the court to sus­pend the verdict in the interest of justice.