Hopes of PTI supporters dashed

Imran’s legal team made a significant mistake by not requesting suspension of trial court's judgment, says advocate

ISLAMABAD:

The Islamabad High Court on Thursday poured cold water on the hopes of PTI supporters by rejecting deposed premier Imran Khan's application seeking the suspension of his conviction in the Toshakhana (gift repository) case wherein he was sentenced to three years in jail.

Subsequently, the IHC only suspended the PTI founding chairman’s sentence. If the conviction was suspended, Imran could have been eligible to contest the next general elections. Faisal Siddiqi Advocate said Imran’s legal team had made a significant mistake by not requesting the suspension of the trial court's August 5 judgment.

It only requested the suspension of his sentence and his release on bail. "If a request had been made to suspend the trial court's judgment, the Islamabad High Court would have extensively discussed the case's merits. Moreover, if the trial court's ruling had been suspended, Imran could have contested the upcoming elections," Siddiqi explained.

He noted that although the IHC was right in pointing out the flawed legal strategy of the former PTI chairman’s s legal team, its order was completely wrong as it did not suspend his conviction.

Read Toshakhana reference against Imran, Bushra fixed for hearing on Dec 23

“The trial court’s conviction order was fully legally erroneous and by not suspending it, the IHC decision amounts to denying the democratic fundamental right to the people of Pakistan to elect a leader of their choice,” the lawyer elaborated.

Interestingly, the IHC in its order also mentioned that no specific plea was raised in connection with the suspension of the judgment and now a subsequent application had been submitted to the court to cover up the omission.

The court in its order also noted that on account of the Election Commission of Pakistan’s (ECP) August 8 order, Imran had been disqualified as the head of his political party.

“This court was informed that challenge to the notification has already been made before the Lahore High Court by way of a constitutional petition in which notices have been issued. Moreover, [a] notification was in the field when [the] application for [the] suspension was made, however, no reference was made to it nor it was pleaded in the application that [the] remedy of suspension of conviction be also granted," the IHC order read.

Although Imran’s legal team has announced that a petition would be filed in the Supreme Court seeking the suspension of the conviction, questions might arise as why the matter was not being contested before the LHC as the IHC had referred to in its order. The PTI lawyers have decided to approach the top court against the IHC order.

Read Imran out of electoral race, for now

They are more interested in placing Chief Justice of Pakistan Qazi Faez Isa in an awkward position at a time wherein he has already decided to form a seven-member larger bench to revisit the SC’s earlier verdict declaring that the disqualification of lawmakers under Article 62 (1) (f) was for life.

The larger bench will take up the matter on January 2. PML-N supremo Nawaz Sharif and IPP founder Jahangir Khan Tareen will be the beneficiaries if the SC decides that disqualification under Article 62 of the Constitution means for five years instead of for life.
PTI social media activists are campaigning that if the SC, led by CJP Isa, is ending the lifetime disqualification of Nawaz, it should also give relief to Imran so he could contest the next general polls.

On Imran’s matter, a lawyer said now it might be too late given the short election schedule and courts winter break. He added that if the SC gave relief to the former PTI chairman, it would be a rather “adventurous judgment”.

Usually, SC judges, who are on the driving seat, do not support the disqualification of lawmakers by the judiciary. The PTI is consistently demanding that the SC should ensure a level playing field for the next general elections.

However, the top court is so far showing restraint over the matter. Imran is being tried in several cases. However, he has so far only been convicted in the Toshakhana case, wherein the trial court’s judgment might be set aside at the stage of appeal.

Read NAB files graft reference against Imran, Bushra in Toshakhana case

A three-judge bench of the apex court led by acting CJP Sardar Tariq Masood will hear Imran's bail plea in the cipher case on Friday (today). A constitution petition seeking a level playing field in the elections is likely to be placed before the SC’s three-judge committee for its scheduling on January 4.

Before that, the final list of candidates will be published and electoral symbols allotted to contesting parties as well as individuals.
The SC has so far restricted its role to ensuring the holding of the general elections on February 8.

As for ensuring free and fair polls, the SC judges say that it is the ECP’s job. Next week, only one division bench led by acting CJP Masood and comprising Justice Athar Minallah will sit at the SC’s Islamabad Registry. Other judges will either spend winter holidays or hear cases at different registries of the apex court.