By The Islamabad High Court (IHC) is set to make a crucial decision regarding the suspension of Imran Khan’s three-year jail term in the Toshakhana case. This decision is eagerly anticipated, especially because the Election Commission of Pakistan (ECP) is expected to wrap up its arguments today.
In related news, the Supreme Court has decided to delay its proceedings on the Toshakhana case until the IHC reaches a verdict. The Supreme Court cited a desire to avoid duplicating the legal process.
During Thursday’s proceedings, Imran Khan’s lawyer, Latif Khosa, presented arguments before an IHC division bench, consisting of Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri. Khosa focused on three key aspects: the possibility of Mr. Khan’s release due to his relatively short sentence, jurisdictional issues, and concerns about the ECP’s authorization in this matter.
Khosa argued for Mr. Khan’s release, asserting that appellate courts could suspend such a short sentence without delving into the case’s merits. He also pointed out that President Arif Alvi had recently reduced Mr. Khan’s sentence by six months, following a decision to remit sentences of prisoners on August 14.
It’s worth noting that on August 4, the IHC ruled that the trial court’s decision to consider the Toshakhana case admissible was “illegal.” Consequently, the lower court was instructed to reconsider Mr. Khan’s plea against the case’s maintainability. However, the request to transfer the case to another court was denied.
Interestingly, the trial court, led by Additional Sessions Judge Humayun Dilawar, issued its verdict on August 5, just a day after the IHC referred the case back to it. The verdict sentenced the former Prime Minister to three years in prison for providing false declarations about his assets to the ECP, the election supervisory body.
The Supreme Court bench expressed concerns on Wednesday about why the trial court rushed to make a decision without recording statements from the witnesses that Imran Khan wanted to present in his defense. However, the Supreme Court noted that since Imran Khan has already appealed the trial court’s August 5 decision to the IHC, which is scheduled to address the matter on August 24, they will await the IHC’s decision.
In their statement, the Supreme Court bench emphasized, “Given the legal issues surrounding the jurisdiction of the trial court and the maintainability of the complaint, as well as the procedural correctness of the trial and compliance with due process as outlined in the Constitution, we believe that the high court should be the first to hear and decide on such matters.” They added that they would await the high court’s decision as a sign of respect before proceeding further.
The Supreme Court bench will resume its hearing on the petition today, Thursday, at 2pm, following the conclusion of the IHC’s hearing on Imran Khan’s appeal against his conviction.
