Islamabad: JTN Report :
The Islamabad High Court has reserved its decision on PTI chairman's plea for suspension of sentence in the Tosha Khana case. The decision will be pronounced tomorrow at 11 am.
A hearing on PTI chairman's request for suspension of sentence was held in Islamabad High Court in front of a bench consisting of Chief Justice Amir Farooq and Justice Tariq Mehmood Jahangiri, Chairman PTI's lawyer Latif Khosa and Election Commission's lawyer Amjad Parvez advocate in the court. Appeared.
Latif Khosa said that orders should be placed on the meeting request. On this, Chief Justice Islamabad High Court Justice Amir Farooq said that it is hoped that the request for suspension of sentence will be decided today.
Amjad Pervez, the lawyer of the Election Commission argued that the public prosecutor should also be notified first in the case, on which the Chief Justice said that the complaint was filed by the Election Commission and not by the state. Today is the first time you are saying this.
Referring to the case of Indian politician Rahul Gandhi, the lawyer of the Election Commission said that in the case of Rahul Gandhi in India, there was two years of imprisonment in the private complaint case, Rahul Gandhi filed a request for suspension of the sentence which was dismissed, Held that suspension of sentence is not a hard and fast rule.
Amjad Pervaiz argued that there is no mention of making the complainant a party in the application for suspension of sentence in the Criminal Code, it is requested that the court issue a notice to the state in the application, without issuing a notice to the state and hearing the stand, the hearing should not proceed. To be extended, in the Rahul Gandhi case it was decided whether to hear the public prosecutor or not.
During the hearing, the lawyer of the Election Commission also referred to the Zahoor Elahi case, Amjad Parvez said that I am not opposing the request for suspension of his sentence, I am only saying that by going in this direction. The public prosecutor must be notified first.
He said that we have a minimum sentence of one year while in India the minimum sentence is three years.
During the hearing, Election Commission's lawyer Amjad Pervez referred to various court decisions and requested the court to issue a notice to the public prosecutor. Can suspend.
The Chief Justice said that the complainant is never made a party in NAB cases, the prosecutor is defined in the NAB law, the state does not appear in the NAB case, the NAB prosecutor is heard, it cannot happen that the NAB No order should be made without hearing, in a criminal case the state needs to be given notice, the law does not have the word of the complainant, the state is mentioned.
Amjad Pervez responded to the objections raised in the appeal of Chairman PTI and requested to take notice of the state, on which the court directed him to advance the arguments.
Amjad Pervez said that the appellant did not raise the objection that the session court is not authorized to conduct the trial, he says that the trial has to be done by the session court but the complaint should go to the magistrate first, the election commission complaint was not filed in the right forum. The objection was raised that all complaints under this law against corrupt practices were filed in the Sessions Court.
The Chief Justice said that the magistrate has to decide whether the sessions court has jurisdiction or not.
Later, the Islamabad High Court reserved its verdict on PTI chairman's plea for suspension of sentence in the Tosha Khana case, which will be heard at 11 am tomorrow.
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