IHC releases detailed decision in Toshakhana case

Toshakhana case

ISLAMABAD: The Islamabad High Court has released a detailed 13-page decision regarding the Toshakhana case, presided over by Chief Justice Amir Farooq. The decision declares that the miscellaneous application filed by the Pakistan Tehreek-e-Insaf (PTI) to withdraw their appeal against the Election Commission’s decision dated October 21 2022 is inadmissible.

Consequently, the application filed by former PTI chairman Imran Khan has been dismissed on the grounds of inadmissibility.

The court noted that the Election Commission’s decision was initially challenged in the Islamabad High Court, where the petitioner received interim relief and underwent several hearings. The petitioner’s lawyer had already partially argued the main application when the request to withdraw the application was made.

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Citing Supreme Court rulings and precedents from the Sindh High Court and other courts, the decision emphasizes that a petition cannot be withdrawn if it appears that the rights of the parties involved might be affected.

The decision also references a similar application in the Lahore High Court, highlighting a key difference: in Lahore, the challenge includes a letter from the Election Commission. The admissibility of these applications in the Lahore High Court remains to be determined.

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