On 3.8.2023 the IHC CJ issued notice for 'next week' in the revision application filed by Mr Imran Khan against refusal by the trial judge to allow him to present witnesses in his defence. At the same time the CJ IHC directed the trial court to hear final arguments on 4.8. 2023!
While the IHC is yet to decide the question of defence evidence the trial court has given its verdict convicting IK. This is an absurd situation. It needs to be noted that there is no finding in the judgment that any gift was bought at an undervalued price.
There is no finding that any gift, in particular the watch, was sold for a price greater than that disclosed. For 2018/19 the only finding is that the gifts bought for Rs 21 mi were sold for Rs 58 mi but the full amount of Rs 58 million is not reflected in the bank statement.
Only Rs 30 mi is reflected. How is this misdeclaration? Full sale proceeds have been disclosed in Form B. Rs 28 million out of the sale price of Rs 58 million was cash in hand and expenditure made between the date of the sale and the cut off date for Form B, 30.6
2019.
Proposed defence witnesses who were the financial consultants/accountants who had filled the forms would have explained this. They were not allowed to testify. For 2019-20 the finding is that three gifts (valuing Rs 1.7 mi) were acquired but none is disclosed in Form B.
Mr Khan took the position that 3 personal use gifts whose value (1.7 mi) was declared were further gifted by him; hence were not stated in Form B as they were not held by him on 30.6.2020. This was the advice of his financial advisers who should be allowed to testify.
Trial court disallowed all defence witnesses. For 2020-21 the finding is that 5 gifts were acquired. The value of these is correctly mentioned in Form B under the head of Precious Items. Judgment says these should have been separately listed. That's all that the judgment says.
The judgment also makes comments about no jewelry having been disclosed and about the declared cost of furniture at Mr Khan's homes. These are irrelevant as no charge was ever framed in this regard.
Mr Khan had raised various objections to the maintainability of the complaint, including the 120 day limit for filing such a complaint after the filing of Form B. The judgment offers no justification except a reference to judgments in other cases that stand set aside by the IHC.
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Let us be clear: we are going through a period of constitutional defiance & fraud like no other in our history. Elections within 90 days of dissolution is the basic democratic right of the people that is being denied. This denial is not justified by any other wrong in the past.
Intellectual fraud is committed when denial of the 90 day constitutional mandate is linked to how Ar 63A was interpreted. That strained interpretation brought down the Punjab govt a few weeks earlier than otherwise. Bye election results on 17 July would have terminated it anyway.
The 63A judgment and its review would be relevant only if the Punjab assembly were to be restored. No side of the political divide has sought that since 14 Jan. Hence focus on 63A is nothing but a diversion from the real issue.
This is a time for clarity of commitment to the Constitution. Our state’s future depends on this. Once a dissolution has taken place an election must be held within 90 days. Not one judge of the SC has disagreed with this.
Crores of citizens of Punjab & KP are without representation. That is the issue. Nothing else matters as much. Politics is of passing relevance. Defying the Const has permanent consequences.
Once Constitutional limits are taken to be dispensable the entire idea of the law crumbles. Once the matter came to the SC it was possible to have differences about Ar 184(3) & composition of benches. These differences have existed for decades. Wish there was a full court bench.