Islamabad High Court. PHOTO: FILE
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 outstanding office objections in their appeal against the Toshakhana-II verdicts.
On December 20, a special court sentenced Imran Khan and Bushra Bibi to 17 years in prison each in the Toshakhana-II case, alleging that the couple illegally retained a Bulgari jewelry set 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 registrar’s office’s objections to the complaints. Barrister Salman Safdar, representing Imran Khan and Bushra Bibi, appeared in court and argued: “Some objections were raised by the office; I filed the appeals on time. The judgment was announced on December 20 and the appeals were filed on December 29. When we filed the appeals, we submitted certified copies of the judgments along with them, along with any of the judgments.”
Speaking to the media outside the court, Salman Safdar said that if hearings take place before Eid, release is possible. “Both [Al-Qadir, Toshakhana-II] cases are interrelated and cannot be separated.”
“When we filed the motion for a stay of sentence, we were informed on February 14 that there are objections to your appeals.”
He added that it is an established principle that once an appeal is filed, it is deemed filed in time and that the Supreme Court has already ruled that the error is not on the part of Pakistan Tehreek-e-Insaf(PTI).
On February 26, Safdar had approached the IHC regarding objections raised by the registrar without bringing them to the attention of the counsel. The office also objected that the pages were not marked and that the order was not properly arranged.
The court had then given seven days to remove all remaining objections. Two separate applications by Imran Khan and Bushra Bibi were accepted, including one to remove objections to the main appeal and another to extend the time to remove objections.
Judge Soomro replied: “After 21 or 22 years of legal practice, this is what happens when a lawyer leaves their case unattended.”
Barrister Safdar further said that the office objected that the objections were not dealt with within seven days and that when the office raised these objections, they were not informed: “I have brought the application for suspension of sentence to you.”
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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 those objections.”
The court directed Salman Safdar to file the fresh application and adjourned the hearing indefinitely.
Al-Shifa transfer box
In a separate case, the court issued a notice on a request to transfer Imran Khan to Shifa International Hospital for medical treatment and summoned the District Election Commissioner of Islamabad to give a response. 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 that three objections to the application have been removed while two remain. Notices were issued to the Additional Attorney General and Solicitor General regarding the pending objections.
The court directed the Registrar’s office to assign a number to the miscellaneous application and list it with the main appeal. The Registrar was also asked to prepare the appeal paper book before the next hearing scheduled for March 10.
Case on foreign funds
Also on Thursday, the Islamabad Banking Court extended the anticipatory bail of Imran Khan and co-accused Seraj Ahmed and Faisal Qazi in the foreign funding case till March 25.
Justice Abdul Ghafoor Kakar presided over the hearing and directed the Federal Investigation Agency (FIA) to file the complaint as soon as possible. Speaking in court, special prosecutor Wasique Malik said: “The advice has been concluded and will be presented to the court within a day or two.” He added that a single comprehensive challan was prepared instead of separate supplementary ones, causing a delay.
Malik also confirmed that the challenge covering two more accused has already been concluded. The court further directed that during the next hearing, arguments on pre-arrest bail applications would also be heard.
Imran Khan’s earlier bail plea in the case had already been approved by the court. The hearing of the PTI foreign funding case has been postponed 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 “knowingly and knowingly” received $2.12 million from Wootton Cricket Limited, run by businessman Arif Naqvi, and described the party as a “willing recipient” of the banned 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.
The PTI maintains that the funds were donations from Pakistanis living abroad and did not constitute illegal financing.
Media talk
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 for bail. The Toshakhana-II appeal is yet to be assigned a case number. The hearing can only proceed once it is assigned.”
Safdar said it is likely that next week a number will be assigned to the PTI chairman’s appeal and once the appeal number is assigned, a formal hearing on suspension of sentence will take place.
He added: “Office objections have been consistently raised in the Speaker’s cases. The appeals were filed in the High Court on the ninth day after the verdict. The Speaker is currently imprisoned in only two cases. No arrests are sought in any other case.”
Read more: The IHC petition seeks Imran Khan’s sentence stay, bail on medical grounds
According to the petition filed on February 14, the Toshakhana-II case warrants suspension of sentence both on merit and medical grounds. The former prime minister suffers from a serious condition in his right eye, the petition reads, diagnosed by Dr. Muhammad Arif of the Pakistan Institute of Medical Sciences, who stated that his right eye has been severely affected due to a blood clot.
A miscellaneous application was also made for an early hearing of the case in connection with the suspension of the sentence in the £190 million case.
On 17 January, Imran Khan and his wife were convicted in the £190 million case, with Khan sentenced to 14 years in prison, while Bushra Bibi was given seven years in prison. The case alleges that Imran Khan and others involved adjusted Rs50 billion – equivalent to £190 million at the time – which was transferred by Britain’s National Crime Agency (NCA) to the Pakistani government.
As Prime Minister, Khan obtained cabinet approval for this settlement on 3 December 2019 without disclosing the confidential details of the agreement. The scheme had stipulated that the funds were to be submitted to the Supreme Court.
According to NAB officials, Khan and his wife received land worth billions of rupees meant for the construction of an educational institute.
NAB filed the reference on December 1, 2023 against eight accused persons including Imran and his wife. The court declared on 6 January 2024 that the remaining six accused pleaded guilty as they did not face trial and fled abroad. The court indicted Imran and Bushra on 27 February 2024. The prosecution presented 35 witnesses, which the defense later cross-examined.
