No practical relief for PTI chief as cipher case entails arrest,
Judge to go to jail for Imran’s cipher hearing,
A two-member bench of the Islamabad High Court has suspended PTI Chairman Imran Khan’s three-year sentence in the Toshakhana criminal case. The court announced its reserved verdict on the petition on Tuesday, seeking the suspension of a three-year prison sentence in the Toshakhana case. The IHC announced the short verdict that it reserved a day earlier wherein it directed the authorities to release the PTI chief on bail. The court directed the PTI chief to submit a surety bond of Rs100,000 against the bail. Member of PTI’s legal team Barrister Gohar said that the surety bonds worth Rs100,000 against Khan’s bail have been prepared as per the court’s directives, and will be submitted after acquisition of the court order’s copy. The verdict comes as a major legal victory for Khan who had challenged his conviction and sentence awarded to him in the Toshakhana case.
In its much-anticipated eight-page written verdict, a two-member bench of the IHC comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri suspended PTI Chairman Imran Khan’s three-years sentence in the Toshakhana case and ordered his release against surety bonds worth Rs100,000.
“The instant application is allowed and the sentence awarded by the trial court vide judgment dated 5/8/2023 is suspended, consequently, the applicant is ordered to be released on bail in the instant matter subject to furnishing bail bonds in the sum of Rs100,000 with one surety in the like amount to the satisfaction the deputy registrar (judicial) of this court,” read the order.
The arguments raised by both sides as to the jurisdiction and other issues involve a deeper appreciation of the matter which at the stage of suspension is not warranted, especially, where the sentence is a short one, though lengthy arguments were addressed by the parties such questions are not decided and are left to be decided at the state when the appeal is taken up for adjudication, it added.
Earlier this month, a district and sessions court in the federal capital had sentenced Khan to three years in prison and imposed a fine of Rs100,000, after finding him guilty of corrupt practices related to the state gift repository — in a move that barred him from contesting elections due later this year. The former prime minister, who has been disqualified from holding any public office due to the conviction, was arrested immediately after the trial court’s ruling on August 5 and has since been incarcerated in Attock jail. Subsequently, Khan petitioned the high court against the Additional District and Sessions Judge (ADSJ) Humayun Dilawar decision to convict him in the Toshakhana case filed by Election Commission of Pakistan (ECP).
On Monday, a division bench comprising IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri concluded the proceedings on the plea and reserved the verdict. Before the conclusion of proceedings, the counsel representing the Election Commission of Pakistan (ECP) Amjad Pervaiz presented his arguments opposing the pleas by the PTI chief. The PTI counsel Sardar Latif Khan Khosa had focused on three aspects — suspension of his client’s short sentence, jurisdictional defect and improper authorisation — to defend the plea.
While,
Proceedings in the cipher case, that prevented Imran Khan’s release on Tuesday, will take place on Wednesday at an unusual location. The Ministry of Law and Justice issued a notification late on Tuesday, declaring that proceedings in the case will happen in the Attock Jail. The notification added that the Interior Ministry had expressed security concerns which led to the decision. Judge Abu Alhasnaat Zulquranain will travel to the jail to hear the case, instead of hearing it in Islamabad.
Imran Khan is already on a remand in the cipher case till August 30. The case is registered under the Official Secrets Act and accuses the former prime minister of revealing the contents of a classified cipher sent by Pakistan’s ambassador in Washington. Imran Khan had alleged that the cipher was a proof that the US government had had a hand in his removal from office last year. Pakistan Tehreek-e-Insaf’s second in command Shah Mahmood Qureshi is also under custody in the same case. The PTI chief’s sentence in the Toshakhana case was suspended on Tuesday.
The PTI chairman was arrested in the cipher case after the Islamabad High Court suspended his sentence in the Toshakhana case on Tuesday. The former prime minister was sent to jail on judicial remand till Aug 30 in the cipher case. Judge Abul Hasnaat Zulqarnain of the special court established under Official Secrets Act announced the decision. The court order was sent to the Attock Jail superintendent. The court also ordered the PTI chairman to be produced on Aug 30.
