The Pakistan Tehreek-e-Insaf approached the Supreme Court on Monday to declare Additional District and Sessions Judge (ADSJ) Humayun Dilawar’s judgment in Toshakhana case "null and void".
According to the petition filed by the PTI in accordance with Article 184(2) of the Constitution, the PTI chief wasn't granted a fair trial hence the Toshakhana case should be reheard.
“A fundamental right under Article 10A, The Right to a Fair Trial, has been denied to PTI chairman in relation to his conviction in the Toshakhana case," the petition read.
The PTI chief was detained and sent to Attock jail on August 5 after being found guilty by a district and sessions court in Toshakhana case.
ADSJ Dilawar issued an arrest warrant for Khan and sentenced him to three years in prison and imposed a Rs100,000 fine.
The PTI claimed that the ruling was rendered hastily, in PTI’s chief absence and "in complete disregard" of the Islamabad High Court's (IHC) orders.
"The maintainability question was expressly referred back to the learned additional sessions judge in that decision of the honourable Islamabad High Court dated Aug 4 with instructions to resolve it again.
"However, undermining this directive, the learned judge bypassed any fresh decision-making and dismissed the application in violating haste and without objective evaluation of the case, subverting principles of natural justice," the petition read.