Lawyers are divided on whether Khan’s disqualification from running in the election has also been suspended.
Islamabad:
A high court in Pakistan on Tuesday suspended Imran Khan’s three-year sentence in the Toshakhana corruption case and ordered his release from prison, but the former prime minister will remain in jail in the cipher case.
A division bench comprising Islamabad High Court (IHC), Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri announced the long-awaited reserved verdict to release Mr Khan, leaving many to guess whether it is a relief in the run-up to the election or just a workaround to fix. him in another case.
“All we are saying now is that (Mr Khan’s) request has been approved,” Judge Farooq said, referring to the former prime minister’s appeal against his conviction and prison sentence.
Mr Khan’s Pakistan Tehreek-e-Insaf party said the decision of the district court has been suspended by the Supreme Court.
The bank also ordered the release of the 70-year-old former cricketer turned politician over the production of bail bonds worth 1,00,000 Pakistani rupees.
However, the former prime minister will remain in jail because a special court holding his trial in the Official Secrets Act ordered Attock Jail authorities to keep him in “legal lock-up” and face him in court on August 30. to appear.
His deputy and former foreign minister Shah Mahmood Qureshi is already in custody in the same case.
The case launched earlier this month alleged that Mr Khan and others were involved in the violation of the country’s secret laws.
The Supreme Court court reserved the verdict on Monday after the rival lawyers finalized their arguments on the suspension of the sentence and three-year jail sentence imposed on Mr Khan on August 5 by Islamabad Additional District and Court Judge Humayun Dilawar – a ruling that barred him from participating in the general election.
Mr Khan was convicted on charges of unlawfully selling state gifts acquired by him and his family during his 2018-2022 term in office. He was also banned from politics for five years, which prevented him from running in the upcoming elections.
The main question for supporters of the former prime minister is whether he will be allowed to lead the party in the upcoming elections.
According to experts, it depends on the solution of the issue of his disqualification.
“He was disqualified by the Election Commission of Pakistan after being convicted in the Toshakhana case and the disqualification is not affected by a mere suspension of the sentence,” senior lawyer Irfan Qadir said in a TV interview. He said the disqualification was related to the decision in Mr Khan’s appeal against the conviction.
Others believe the disqualification has also been suspended. “If the sentence is suspended, the disqualification will also be suspended,” said lawyer Qauseen Raza.
The case may eventually go to the Supreme Court or Supreme Court of the country to decide whether or not the disqualification has been suspended.
General elections are scheduled in Pakistan within 90 days of the dissolution of the National Assembly, which was prematurely dissolved on August 10 by President Arif Alvi. However, the elections are likely to be postponed as the government has announced that the elections cannot take place until a new census has been completed and new constituency boundaries drawn.
The exercise could take about four months to complete, meaning the polls may be postponed until next year.
The government announcement came on the same day Mr Khan was arrested after being sentenced to three years in prison for “corrupt practices”.
Mr Khan challenged his conviction within days and the IHC began a formal hearing on 22 August. The case was postponed on Friday after the lawyer of the Election Commission of Pakistan (ECP) failed to appear due to illness.
Khan’s lawyer Latif Khosa concluded his plea on Thursday, claiming the verdict was rushed and riddled with flaws. He urged the court to set aside the verdict, but the defense team demanded more time to complete its arguments.
His party welcomed the IHC verdict, with party information secretary Raoof Hasan saying that Mr Khan’s arrest in any other case following the suspension of his sentence in the Toshakhana case would be “ill-intentioned and malpractice”.
“We are fortunate to witness the rewriting of Pakistan’s political and legal history,” he said, adding that “justice will prevail”.
However, former Prime Minister Shehbaz Sharif expressed displeasure with the court’s order, saying the sentence had been suspended and “not ended”.
“The message from the Chief Justice of Pakistan, ‘good to see you’ and ‘wish you good luck,’ has reached the IHC,” he said, claiming that “everyone knew about the verdict before it was even announced ”.
“This moment is a concern for our justice system,” Sharif said. “If there is a clear message from the higher judiciary, what else should the subordinate judge do?”
In addition, a three-member Supreme Court bench headed by Chief Justice Umar Ata Bandial, comprising Justices Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail, will also resume hearing petitions against the Toshakhana case.
Last Wednesday, after hearing several petitions against the Toshakhana case, the Supreme Court found that there were “deficiencies” in the judgment of the hearing court.
The panel noted that the verdict was rushed and that the accused was not given a right of defense. “On the face of it, there are flaws in the court’s verdict,” the chief justice said.
The Supreme Court had also indicated that it would wait for the hearing of the IHC before ruling. The hearing resumed on Thursday, but was postponed without setting a date after being told the IHC was holding a hearing.
The Toshakhana case was brought to the ECP by legislators from the ruling party in 2022 alleging that Mr Khan concealed the proceeds from the sale of state gifts.
The ECP first disqualified Mr Khan and then initiated criminal proceedings in a session court, which sentenced him. Subsequently, Mr. Khan was sent to prison.
Mr Khan is currently in Attock Jail following his arrest from his home in Lahore.
The case alleges that during his time as prime minister from 2018 to 2022, Khan “deliberately” concealed details about the gifts he withheld from the Toshakhana – a warehouse that stores gifts handed to government officials from foreign officials. reported sales.
According to Toshakhana Rules, gifts/gifts and other similar materials received by persons subject to these Rules must be reported to the Cabinet Department.
According to reports, Mr Khan received 58 gifts worth more than Rs 140 million from world leaders during his three and a half year term and kept them all either by paying a negligible amount or even without any payment at all.
(Except for the headline, this story has not been edited by DailyExpertNews staff and is published through a syndicated feed.)
