Islamabad High Court. PHOTO: ARCHIVE
ISLAMABAD:
The Islamabad High Court on Thursday directed 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 application to resolve the office’s outstanding objections in their appeals against the Toshakhana-II convictions.
On December 20, a special court sentenced Imran Khan and Bushra Bibi to 17 years in prison each in the Toshakhana-II case, which alleged that the couple illegally retained a set of Bulgari jewelry gifted by the Saudi Crown Prince during an official visit to Saudi Arabia.
During the hearing, Justice Khadim Hussain Soomro presided over a session on the registry office’s objections to the appeals. Advocate Salman Safdar, representing Imran Khan and Bushra Bibi, appeared before the court and argued, “The office raised some objections; 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 along 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 are held before Eid, release is possible. “Both [Al-Qadir, Toshakhana-II] The cases are linked and cannot be separated.”
“When we presented the request for suspension of sentence, we were informed on February 14 that there are objections to his 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 is not on the part of Pakistan Tehreek-e-Insaf (PTI).
On February 26, Safdar had approached the IHC regarding the objections raised by the registrar without the defense counsel being aware of them. The office also objected that the pages were not marked and the order was not arranged properly.
The court then granted seven days for all remaining objections to be withdrawn. Two miscellaneous applications by Imran Khan and Bushra Bibi were accepted, including one to remove objections to the main appeal and another to extend the deadline for removing objections.
Judge Soomro responded: “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: “I have placed 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 directed Salman Safdar to file the fresh application and adjourned the hearing indefinitely.
Al-Shifa transfer case
In a separate case, the court issued notice on a request for transfer of Imran Khan to Shifa International Hospital for medical treatment and summoned the Islamabad District Election Commissioner to give a reply. Additionally, the court sought a report from the superintendent of Adiala jail on how much of his sentence in the Toshakhana criminal case 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 sent to the Additional Solicitor General and the Advocate General regarding the pending objections.
The court directed the Registrar’s office to allocate a number to the miscellaneous application and include it along with the main appeal. The Registrar was also directed to prepare the appeal book 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 file the challan at the earliest. Speaking before the court, special public prosecutor Wasique Malik said, “The challan is complete and will be submitted to the court within a day or two.” He added that a single comprehensive jalan was prepared instead of separate complementary ones, which caused a delay.
Malik also confirmed that the challan covering two additional accused has already been completed. The court further ordered that arguments on pre-arrest bail applications would also be heard during the next hearing.
Imran Khan’s earlier bail application in the case had already been approved by the court. The hearing for PTI’s foreign funding case has been adjourned to March 25.
In August 2022, the Election Commission of Pakistan (ECP) issued its verdict in the prohibited financing case, previously known as foreign financing case, stating that the PTI had received prohibited financing.
The ECP noted that the PTI “knowingly and voluntarily” 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.
Talk with the media
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 hopeful of getting bail. The Toshakhana-II appeal is yet to be assigned a case number. The hearing can proceed only once it has been assigned.”
Safdar said that a number for the PTI chairman’s appeal is likely to be allotted next week and once the appeal number is allotted, a formal hearing on the suspension of the sentence will be held.
He added: “Objections from the office have been consistently raised in the president’s cases. Appeals were filed in the High Court on the ninth day after the sentencing. Currently, the president is imprisoned in only two cases. No arrest is sought in any other case.”
Read more: IHC petition seeks suspension of Imran Khan’s sentence and bail on medical grounds
According to the petition filed on February 14, the Toshakhana-II case justifies suspension of sentence on both merit and medical grounds. The former prime minister is suffering from a serious illness in his right eye, the petition reads, diagnosed by Dr. Muhammad Arif of the Pakistan Institute of Medical Sciences, who claimed that his right eye has been severely affected due to a blood clot.
A miscellaneous application seeking an early hearing of the case relating to the suspension of judgment in the £190 million case was also lodged.
On January 17, Imran Khan and his wife were found guilty in the £190 million case, with Khan sentenced to 14 years in prison, while Bushra Bibi received a seven-year jail term. The case alleges that Imran Khan and others involved adjusted 50 billion rupees (equivalent to £190 million at the time) that were transferred by the UK’s National Crime Agency (NCA) to the Pakistani government.
As Prime Minister, Khan obtained cabinet approval for this deal on December 3, 2019, without revealing confidential details of the deal. The agreement stipulated that the funds would be presented to the Supreme Court.
According to NAB officials, Khan and his wife were given land worth billions of rupees meant for the construction of an educational institute.
NAB filed the reference on December 1, 2023 against eight accused, including Imran and his wife. On January 6, 2024, the court declared the six remaining defendants proclaimed offenders by failing to face trial and fleeing abroad. The court indicted Imran and Bushra on February 27, 2024. The prosecution presented 35 witnesses, whom the defense then cross-examined.
