IHC Suspends Imran Khan’s Sentence in Toshakhana Case

Ali Zafar stated that they would provide evidence for the suspension of the sentence rather than starting the appeal process.

ISLAMABAD: A two-member bench led by the Chief Justice of the Islamabad High Court has suspended the sentence of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the Toshakhana case.

During the hearing, Ali Zafar, representing Imran Khan, presented arguments in response to the plea for suspension of the sentence.

The court inquired whether the appeal hearing was scheduled for today. The response was negative, with Imran Khan’s legal team opting to present arguments for the suspension of the sentence instead.

Ali Zafar stated that they would provide evidence for the suspension of the sentence rather than starting the appeal process.

Chief Justice Aamer Farooq remarked that the Toshakhana case could not be heard today as proceedings in the Saaf Pani case, initiated by the National Accountability Bureau (NAB), were commencing. He mentioned uncertainty regarding the duration of those proceedings and decided to postpone the Toshakhana case until after the Eid holidays.

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During the hearing, the NAB prosecutor acknowledged the reasonability of suspending the sentence, which the court appreciated.

Subsequently, the court suspended the sentence in the Toshakhana case against Imran Khan, announcing that the appeal against the sentence would be scheduled after Eid.

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In response to the issue regarding the judges’ letters, the Supreme Court has taken notice of the matter.

A bench comprising all the judges present in the principal seat of Islamabad High Court has been constituted, with Chief Justice of Pakistan Justice Qazi Faez Isa chairing the seven-member bench.

Other judges included in the bench are Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Athar Minallah, Justice Masood Jahangiri, Justice Jamal Mandokhail, and Justice Naeem Akhtar Afghan.

The Supreme Court will hear the case related to judges’ letters at a later date.

It is pertinent to mention here that six judges of Islamabad High Court had recently raised concerns in a letter addressed to the Supreme Judicial Council regarding the interference in judicial matters, referring to the allegations leveled against them in the letters dated March 25, 2024, by six judges.

The letter was addressed to the members of the Supreme Judicial Council and its chairman, Chief Justice of Pakistan, hence, investigating such a matter directly by me would constitute a breach of judicial propriety, which falls within the jurisdiction of a constitutional body, namely the Supreme Judicial Council or the Supreme Court of Pakistan itself.

It is also my belief that the terms of reference for the inquiry do not conclusively match the subject matter of the letter dated March 25, 2024, in which the esteemed judges also stated: “We are writing to seek guidance from the Supreme Judicial Council on the responsibility of a judge to report on the activities of executive members including intelligence agency operatives who seek to interfere, become threatening, and/or deal with colleagues and/or courts which the High Court oversees.”

The request made in the letter is for “institutional consultation” in accordance with Article 209 of the Constitution. Although, it may not fall under the standards set by Article 209, however, as the Chief Justice of Pakistan, we can address the issues raised in the letter at an institutional level.

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