On Monday, the Islamabad High Court (IHC) decided to temporarily stop the 14-year jail terms given to ex-Prime Minister Imran Khan and his wife Bushra Bibi in the Toshakhana case.
Imran and Bushra Bibi were found guilty in the Toshakhana case by a court in Islamabad on January 31, just before the general elections. The court ruled that they couldn’t hold any public office for 10 years and had to pay a hefty fine of Rs787 million each.
Shortly after, they were also sentenced to seven years in jail for a case related to their marriage during a specific waiting period. Before this, they were handed a 10-year prison term for violating state secrets.
The Toshakhana case was filed against them by the National Accountability Bureau (NAB) in December. It accused them of keeping a jewelry set given by the Saudi crown prince at a lower value. NAB alleged that during Imran’s time as prime minister, they received 108 gifts from various foreign leaders.
Bushra Bibi challenged her conviction on February 17, a day after Imran did the same. She also contested the government’s decision to declare her residence as a sub-jail.
On February 27, the Islamabad High Court (IHC) accepted their appeals and requested trial records by March 7. The court also considered requests to suspend their sentences until the final appeal decision.
In March, the court questioned whether authorities had obtained Imran’s permission before converting his residence into a sub-jail for Bushra Bibi.
After today’s hearing, Imran’s lawyer, Barrister Ali Zafar, expressed satisfaction with the court’s decision, saying it brought justice and set things in the right direction.
Speaking to reporters outside the Islamabad High Court, he said, “The courts are doing the right thing by seeking justice. The entire nation supports the courts.”
He argued that there was no proof to support the conviction and that the trial in jail was unfair because their lawyers weren’t allowed to participate. “Our lawyers were forced to leave the jail and couldn’t even cross-examine,” said the PTI lawyer.
. He insisted that Imran should not be kept in custody for the Toshakhana case anymore, calling it “unfounded”.
The hearing
Today in court, Islamabad High Court Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb were overseeing the proceedings. Barrister Zafar was representing the former Prime Minister and his spouse, while NAB prosecutor Amjad Pervaiz was also present.
At the start of the session, Justice Farooq informed Zafar that they would only consider arguments related to suspending the Toshakhana sentence, not the appeal against the conviction. He explained that since the appeal against the conviction was already being dealt with, they couldn’t address both matters simultaneously.
The Chief Justice mentioned that the appeal against the conviction would be scheduled for a hearing after Eidul Fitr.
. This is a case of sentence suspension.”
The court appreciated NAB’s stance.
Zafar requested once more to include arguments on the Toshakhana appeal. However, Justice Farooq clarified that they would first conclude the current appeal proceedings and then address the Toshakhana case.
During the session, Justice Aurangzeb asked if NAB had any objection to suspending the sentence, to which the prosecutor replied, “There is no objection, but the appeals cannot be heard simultaneously.”
Imran’s counsel asked the court to suspend the conviction along with the sentence. However, Justice Aurangzeb suggested leaving that matter for the Supreme Court.
Subsequently, the court suspended the sentences of Imran and Bushra based on the NAB prosecutor’s statement.
Accountability court verdict
Judge Mohammad Bashir had already stopped the opportunity to ask questions to the prosecution’s witnesses and told Imran Khan and his wife, Bushra Bibi, to speak about what they know under a certain law called Section 342.
Bushra Bibi talked about what she knew during the court session, but Imran Khan didn’t get a chance to speak. At that time, Imran Khan’s legal team asked the judge if they could still ask questions to the witnesses, but the judge said no.
When the decision was made, Imran Khan was in court, but his wife wasn’t there.
After the decision was announced, Bushra Bibi went to Adiala Jail as ordered by the court. There, the NAB team, which investigates corruption, was waiting. They took her into custody as per the court’s orders.
