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Court Passed Decision without giving the Accused a fair opportunity to be heard | Supreme Court Bar

 

The hasty decision is against all established principles of justice, natural justice, and due process of law, the timing of the decision is meant to deter political leaders from contesting the upcoming elections, such decisions only undermine people's confidence in the judiciary. The reaction of the Supreme Court Bar Association on the Tosha Khana case verdict against Imran Khan

According to the Supreme Court Bar Association regarding the Tosha khana case decision, the court, in clear violation of Article 4 related to fundamental rights, gave its decision without giving the accused a fair opportunity to be heard. Against all due process, the timing of the decision is aimed at dissuading political leaders from contesting future elections, such decisions will only undermine public confidence in the judiciary.

According to the details, Supreme Court Bar Association has given a response to Tosha Khana case verdict against Imran Khan. In a joint statement issued by the President and Secretary General of the Supreme Court Bar Association, it is said that it is unfortunate that the court gave its verdict without giving the accused a fair opportunity to be heard. In the presence of the case being decided in haste, it is a clear violation of the fundamental rights of the accused under Article 4, the decision was delivered in haste without hearing the counsel.

In a statement President and Secretary General of the Supreme Court Bar Association, the High Court had directed the Additional Sessions Judge to decide afresh on the issue of admissibility, instead of deciding the issue afresh, the learned Judge Having hastily and without an independent mind dismissed the application relying on its own previous orders, the matters were remanded for a fresh decision.

The President and Secretary General of the Supreme Court Bar Association further said that a hasty decision to impose the maximum penalty under the law against the accused is against all settled principles of justice, natural justice, and due process of law. The aim is to prevent political leaders from participating in future elections. The historical trend of impeachment and banning of popular political leaders by the judiciary is against the principles of democracy and fair trial. The judiciary is the guardian of the Constitution and the fundamental rights contained in it.

It should be noted that on Saturday, Judge Humayun Dilawar of the District and Sessions Court of Islamabad sentenced Chairman PTI Imran Khan to 3 years in prison and a fine of one lakh rupees in the Tosha Khana case. In the court verdict, it was said that the charge against the accused had been proved. The accused submitted a false statement, the accused gave a false declaration, and the accused gave a false affidavit to the Election Commission.

The court found the Chairman PTI guilty of corrupt practices. The decision said that the malfeasance of the Chairman PTI has been proved. The court sentenced the former prime minister to three years imprisonment and also imposed a fine of Rs. The court ordered the immediate arrest of Chairman PTI and said that the IG Islamabad should comply with the arrest warrant.

After the court order, Punjab Police immediately detained Imran Khan from Zaman Park Lahore. Imran Khan was taken to Islamabad after his arrest. Later, Imran Khan, who was sentenced to 3 years imprisonment in the Tosha Khana case, was transferred to Attock Jail. Imran Khan was transferred from Lahore to Islamabad through tight security. The police team took him from Adiala Road to Pims Hospital where a team of doctors conducted a medical check-up of Chairman PTI. Chairman PTI was supposed to be transferred to Adiala Jail after the medical, but in view of security concerns, he will be transferred to Attock Jail and kept in high-security zone lock-up.



This post first appeared on Digital Media Time News, please read the originial post: here

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Court Passed Decision without giving the Accused a fair opportunity to be heard | Supreme Court Bar

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