Islamabad High Court. PHOTO: FILE
ISLAMABAD:
The Islamabad High Court on Thursday asked the legal team of Pakistan Tehreek-e-Insaf founder and former prime minister Imran Khan and his wife Bushra Bibi to file a fresh miscellaneous petition to resolve the office’s outstanding objections in their appeals against Toshakhana-II’s convictions.
On December 20, a special court sentenced Imran Khan and Bushra Bibi to 17 years in prison each in the Toshakhana-II case, according to which the couple illegally kept a Bulgari jewelry set gifted by the Saudi crown prince during an official visit to Saudi Arabia.
During the hearing, Justice Khadim Hussain Soomro chaired a session on the registrar’s objections to the appeals. Advocate Salman Safdar, representing Imran Khan and Bushra Bibi, appeared before the court and argued, “Some objections were raised by the office; I filed the appeals on time. The verdict was announced on December 20 and the appeals were filed on December 29. While filing the appeals, we submitted certified copies of the judgments with them. The office did not inform us of any objection at that time.”
Speaking to the media outside the court, Salman Safdar said that if the hearings were held before Eid, the release would be possible. “Both [Al-Qadir, Toshakhana-II] the cases are linked and cannot be separated.
“When we filed the request for a suspended sentence, we were informed on February 14 that there were objections to your appeals.”
He added that it is an established principle that once an appeal is filed, it is considered timely filed and the Supreme Court has already ruled that the fault does not lie with the Pakistan Tehreek-e-Insaf (PTI).
On February 26, Safdar had contacted the IHC regarding the objections raised by the registrar without informing the defense lawyer. The office also objected that the pages were not flagged and the order was not properly organized.
The court then allowed seven days for all remaining objections to be lifted. Two miscellaneous requests from Imran Khan and Bushra Bibi were granted, including one to remove objections on the main appeal and another to extend the time for removing objections.
Justice Soomro replied: “After 21 or 22 years of legal practice, this is what happens when a lawyer leaves his file unattended. »
Advocate Safdar further said that the office objected that the objections were not addressed within seven days and when the office raised these objections, they were not informed about it: “I have filed before you the application for suspension of sentence.
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Justice Soomro said: “The office’s objections are not part of your miscellaneous application. You must file a separate application to remove these objections.”
The court ordered Salman Safdar to file a fresh petition and adjourned the hearing sine die.
Al-Shifa transfer case
In a separate case, the court issued a notice regarding a request for Imran Khan’s transfer to Shifa International Hospital for medical treatment and summoned the Islamabad district election commissioner to provide a response. Besides, the court sought a report from the Superintendent of Adiala Prison on the length of his sentence in the Toshakhana criminal case which Imran Khan has already served.
Justices Arbab Muhammad Tahir and Khadim Hussain Soomro issued a written order stating that three objections related to the application have been removed, while two remain. Notices have been issued to the Additional Solicitor General and the Advocate General regarding the pending objections.
The court asked the registry to assign a number to the miscellaneous application and list it next to the main appeal. The Registrar was also ordered to prepare the appeal file before the next hearing scheduled for March 10.
Foreign funds case
Also on Thursday, the Islamabad Banking Court extended the interim bail of Imran Khan and co-accused Seraj Ahmed and Faisal Qazi in the foreign financing case till March 25.
Justice Abdul Ghafoor Kakar presided over the hearing and directed the Federal Investigation Agency (FIA) to submit the challan as soon as possible. Speaking outside the court, special public prosecutor Wasique Malik said, “The challan has been completed and will be submitted to the court within a day or two. » He added that only one complete challan was prepared instead of several separate additional ones, which resulted in delay.
Malik also confirmed that the challan covering two additional accused had already been completed. The court further ordered that in the next hearing, arguments on pre-arrest bail applications would also be heard.
Imran Khan’s previous bail application in the case had already been approved by the court. The hearing on the PTI foreign funding case has been adjourned to March 25.
In August 2022, the Election Commission of Pakistan (ECP) delivered its verdict in the prohibited funding case, formerly known as the foreign funding case, stating that the PTI had received prohibited funding.
The ECP noted that the PTI had “knowingly and willingly” received $2.12 million from Wootton Cricket Limited, operated by businessman Arif Naqvi, and described the party as a “willing recipient” of the prohibited funds.
The commission added that PTI also received donations from Bristol Engineering Services (UAE), E-Planet Trustees (Cayman Islands), SS Marketing Manchester (UK), PTI USA LLC-6160 and PTI USA LLC-5975, which violated Pakistani laws.
PTI maintains that the funds were donations from Pakistanis living abroad and did not constitute illegal financing.
Media discussion
Speaking to the media outside the court, Salman Safdar said, “The PTI chairman has key appeals in the Al-Qadir and Toshakhana-II cases. In the Al-Qadir case, the chairman and his wife are hoping to be released on bail. The Toshakhana-II appeal is yet to be given a docket number. The hearing can only take place once it is allotted.”
Safdar said it is likely that next week, a number will be allotted for the PTI chairman’s appeal and once the appeal number is allotted, a formal hearing on suspension of sentence will be held.
He added, “Office objections have been consistently raised in the President’s cases. The appeals were filed in the High Court on the ninth day after the judgment. The President is currently imprisoned in two cases only. No arrest is sought in the remaining cases.”
Learn more: IHC petition seeks suspension of Imran Khan’s sentence and release on bail on medical grounds
According to the motion filed on February 14, the Toshakhana-II case warrants a suspension of the sentence, both on substantive and medical grounds. The former prime minister is suffering from a serious disease in his right eye, the petition said, diagnosed by Dr Muhammad Arif of the Pakistan Institute of Medical Sciences, who said his right eye was badly affected due to a blood clot.
A miscellaneous motion was also filed seeking an early hearing of the matter relating to the suspension of sentence in the £190 million case.
On 17 January, Imran Khan and his wife were found guilty in the £190 million case, with Khan sentenced to 14 years in prison, while Bushra Bibi was sentenced to seven years in prison. The case alleges that Imran Khan and others were involved in an adjustment of 50 billion rupees, the equivalent of £190 million at the time, which was transferred by the UK’s National Crime Agency (NCA) to the Pakistani government.
As Prime Minister, Khan obtained cabinet approval for this settlement on December 3, 2019, without disclosing confidential details of the agreement. The agreement provided that the funds would be submitted to the Supreme Court.
According to NAB officials, Khan and his wife were given land worth billions of rupees for the construction of an educational institution.
The NAB filed the reference on December 1, 2023 against eight accused, including Imran and his wife. On January 6, 2024, the court declared the other six defendants delinquent because they were not tried and fled to foreign countries. The court indicted Imran and Bushra on February 27, 2024. The prosecution presented 35 witnesses, whom the defense then cross-examined.
