SC adjourns hearing on Imran Khan’s plea till IHC issues verdict in Toshakhana case

ISLAMABAD: The Supreme Court on Thursday adjourned the hearing on Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s plea challenging the Islamabad High Court’s (IHC) decision in the Toshakhana case till the latter issues a verdict on the plea seeking the suspension of the sentence in the case.

A three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial heard the case as the IHC was hearing the former prime minister’s plea against the Toshakhana verdict.

At the start of the hearing, CJP Bandial lauded IHC Chief Justice Aamer Farooq for his efforts and it would be better if the high court issues its verdict.

The top judge then inquired if anyone from the attorney general’s office was present in the courtroom as they wanted to know the situation about the condition in which the PTI chief, who was removed from the prime minister’s office via a vote of no-confidence in April last year,  was kept in jail. He also directed the authorities to submit a report on the facilities provided to the PTI chief in jail.

On this point, Khan’s lawyer Sardar Latif Khosa told the court that they just presented their arguments before the IHC.

CJP Bandial responded that your objection was that you were not being heard now all your arguments have been heard.

“Hope from the high court that it gives a decision based on your points,” remarked CJP Bandial.

Moving on, Justice Jamal Khan Mandokhail inquired about what was the result of the IHC hearing. To which Khosa responded that he was not a politician so he could not say much.

“This is the beauty of the system that first a decision is made at the high court and then it comes to the Supreme Court,” remarked the apex court’s chief justice. While Justice Mandokhail asked Khan’s legal team that they should not criticise the judges of the Islamabad High Court.

A day earlier, the Supreme Court which heard a petition challenging IHC’s decision to remand the case back to the trial court judge who had convicted him, observed that the trial court had hastened the Toshakhana verdict.

It acknowledged the “procedural defects” in Khan’s conviction but opted to wait for the IHC’s decision on the former premier’s plea seeking suspension of the three-year sentence.

“Prima facie the decision by the additional sessions judge (ASJ) contains defects, but we will not intervene at this stage; rather [we will] wait for the outcome of the high court decision,” CJP Bandial observed.

When the IHC took up the petition again today it adjourned the hearing till tomorrow (Friday) at 11:30pm.

Two-member IHC bench comprising CJ Aamer Farooq and Tariq Memhmood Jahangiri conducted the hearing on the PTI chief’s plea against the Toshakhana verdict on Thursday.

On August 5, the former prime minister, who is currently incarcerated in Attock jail, was found guilty of corrupt practices in the case of misdeclaration of state gifts.

The trial court in the federal capital had sentenced Khan to three years in prison upon conviction, a move which is likely to bar him from standing in elections due later this year.

However, the PTI filed an appeal in the IHC challenging the trial court’s verdict and sentence against the party chief, requesting that the court declare the judgment “illegal” earlier this month.

The IHC plea

Challenging the trial court’s verdict in the IHC, the PTI sought the suspension of his conviction by Additional District and Sessions Judge (ADSJ) Humayun Dilawar.

“It is most respectfully prayed that the Hon’ble Court may graciously be pleased to set aside the impugned judgment dated 05.08.2023, and declare the conviction and sentence imposed upon the Appellant to be illegal and without lawful authority and to acquit the Appellant of the charges framed against him,” the petition read.

Besides the sentence of incarceration, the additional district and sessions judge also imposed a fine of Rs100,000 after finding Khan guilty of graft in the Toshakhana case.

Following the arrest of the PTI chief, it was the third petition the party had filed.

A day earlier, the PTI also announced to move the Supreme Judicial Council (SJC) against IHC Chief Justice Aamer Farooq for not suspending Khan’s sentence.

What is Toshakhana case?

Under the rules governing Toshakhana — a Persian word meaning “treasure house” — government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.

The Toshakhana has been under a microscope ever since the emergence of the allegations that Khan purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.

The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).

The gifts included watches given by a royal family, according to government officials, who have alleged previously that Khan’s aides sold them in Dubai.

Moreover, seven wristwatches, six made by watchmaker Rolex, and the most expensive a “Master Graff limited edition” valued at 85 million Pakistani rupees ($385,000), was also among the gifts.

A reference was forwarded by National Assembly Speaker Raja Pervez Ashraf to the Election Commission asking it to probe the matter.

In October 2022, the electoral body also declared the former premier guilty of corrupt practices and filed a complaint in an Islamabad court.