- Solitary confinement causing extraordinary mental suffering: petition.
- NAB accused of repeatedly seeking adjournments and delaying justice.
- Arrest procedure declared illegal, higher court had ordered release.
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi have approached the Supreme Court challenging the Islamabad High Court’s (IHC) verdict in the £190 million case, seeking suspension of their sentences and immediate release.
The IHC last month dismissed petitions by the ousted prime minister and his spouse seeking a suspension of their sentences in the £190 million corruption case, noting that their main appeal was already set for hearing.
The petition – filed in the Supreme Court – alleges that even after admitting the appeal as maintainable, the IHC ignored the key points of the case.
It argues that the dismissal of the suspension plea without conducting a preliminary review of the evidence was legally improper and that it is legally permissible to examine the merits of the case while deciding on a stay of sentence.
The petition highlights that bail had been granted during the trial and the allegations had been declared baseless. It further stated that the National Accountability Bureau (NAB) repeatedly sought adjournments, prolonged the appeal and caused undue delay in justice.
The petition draws attention to serious health problems that both the PTI founder and his wife faced during their imprisonment. It is said that Imran developed an eye disease during detention and was moved outside the prison for treatment. It further argues that denying release despite serious health problems amounts to injustice.
The petition also states that the PTI founder faced extraordinary mental agony due to solitary confinement and that the manner in which he was arrested was illegal and irresponsible – a higher court had earlier ordered his release on the ground of illegal detention.
On the issue of jurisdiction, the petition argues that the case was conducted on political grounds in the name of accountability.
It notes that while amendments to NAB laws give the Constitutional Court jurisdiction to hear final appeals, there is no mention in the appeal of going to the Constitutional Court – and therefore the suspension of the judgment’s appeal can be upheld before the Supreme Court.
The petition asks the Supreme Court to declare the IHC verdict null and void, suspend the sentence and order the immediate release of both Imran Khan and Bushra Bibi.
An accountability court in Islamabad had earlier sentenced the PTI founder to 14 years in prison with a fine of Rs.1 million, while Bushra was awarded seven years in prison along with a fine of Rs.500,000.
The court rejected a request to first take up the sentencing plea, which requested that the duo be released on bail pending a decision on the main appeal.
Al-Qadir Trust case
The Al-Qadir Trust case, commonly known as the £190m case, involved allegations that Imran and others in 2019 adjusted Rs 50 billion – equivalent to £190 million at the time – sent by Britain’s National Crime Agency (NCA) to the Pakistani government during his tenure as the country’s prime minister.
The amount in question relates to a property tycoon’s assets, which were seized by the NCA during PTI’s rule. The UK Crime Agency had said at the time that the amount should be passed on to the Pakistan government as its settlement with the Pakistani property tycoon was “a civil matter and does not represent a finding of guilt”.
However, NAB filed a reference in December 2023, followed by charges against Imran and his wife, Bushra Bibi, on 27 February 2024, alleging that a settlement with the British Crime Agency was reached and approved by then Prime Minister Imran on 3 December 2019, without disclosing the details of the confidential agreement.
