ISLAMABAD: The Islamabad High Court (IHC) on Monday stayed the sentences of former prime minister Imran Khan and his wife Bushra Bibi in the Toshakhan case.
The decision came as the High Court heard an appeal against the sentences by the former prime minister and his wife.
At the start of the hearing, IHC Chief Justice Aamer Farooq asked if the appeal was scheduled for hearing today. The judge then noted that the court would not be hearing the appeal today and asked the parties to negotiate a stay of sentence instead.
However, PTI’s counsel Barrister Ali Zafar said he would argue for an appeal instead of a suspension.
To this, the judge noted that an appeal against the conviction in the encryption case was scheduled for tomorrow; it will be packed soon. “We cannot hear Toshakhan’s case today and schedule it for tomorrow,” he said.
Justice Farooq further noted that the Federal Investigation Agency (FIA) is set to begin its arguments in the encryption case and “we don’t know how long they will take”. The judge claimed that the court would schedule the hearing of Toshakhan’s case after Eid.
Justice Miangul Hassan Aurangzeb asked the National Accountability Bureau (NAB) prosecutor about his stand on suspension of sentence. In response, the public prosecutor stated that the sentence had been investigated and it was a suspension of the execution of the sentence.
The court praised NAB for taking a stand and expressed its appreciation.
The PTI founder’s counsel prayed the court to not only stay the sentence but also stay the verdict in the case. However, Justice Miangul said the matter of the verdict itself was reviewed in the apex court.
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Later, the IHC stayed the sentence given the NAB’s position that the decision related to the suspension of the sentence.
Toshakhana beliefs
On 31 January, an accountability court judge found the PTI founder and his wife guilty of misusing the state donation repository during Imran’s tenure as prime minister and sentenced them to 14 years in prison.
The court also imposed a fine of Rs 787 million on each of the accused individuals in what is being described as the fastest-concluded trial in the history of accountability courts.
In a reference filed in December 2023, the National Accountability Bureau (NAB) accused the former prime minister and his wife of keeping rare gifts received during Imran’s tenure as the country’s CEO, contrary to prescribed protocol.
Interestingly, on 5 August 2023, another trial court disqualified Imran Khan and sentenced him to three years in prison for not disclosing the gifts he received as prime minister in his asset and liability statements submitted to the Election Commission of Pakistan (ECP).
Justice Imran Accountability Court in Islamabad Muhammad Bashir presided over the NAB-referred trial at Rawalpindi’s Adiala Jail, where Imran Khan has been detained since September last year.
Two days before the verdict was announced, the judge waived the accused’s right to cross-examine the prosecution’s witnesses given the defense’s delaying tactics.
Toshakhana case
The core of the allegations revolves around Imran and Bushra allegedly keeping gifts they received during official visits to foreign countries while Imran was serving as prime minister.
Instead of following the prescribed official protocol by depositing these gifts in the Toshakhana, the couple allegedly kept them and contributed an amount less than the stipulated value to the treasury.
In particular, Bushra is accused of keeping various jewelry he received as a gift during official visits. The list of gifts allegedly seized includes a locket, two rings, two earrings, and two bracelets received on June 26, 2019.
In 2020, she reportedly acquired a diamond gold necklace, ring, bracelet, and earrings. The list expanded in 2021 with the addition of a necklace, earrings, ring, and bracelet.
