In yet another blow, former PM Imran Khan, as well as his wife Bushra Bibi, have been sentenced to 14-year imprisonment in Toshakhana case. That the defendants were denied the due process of law was pretty evident — manifested in the fact that a formal statement of the PTI chief was not recorded and both accused were sentenced in absentia. Though Khan was present in the courtroom, the verdict was announced as he walked out in protest, questioning the haste in vogue. Even though the prosecution had enough evidence to win a favourable judgment, the way the case was rushed to closure makes the sentencing controversial, rather ridiculous.
The case pertained to a reference filed by NAB against Khan and Bushra Bibi in an accountability court for retaining gifts received from foreign dignitaries against an alleged undervalued assessment. While the PTI has termed the conviction a “complete destruction of every existing law in Pakistan”, many jurisprudents too believe the verdict is in contravention of the established decorum of justice and fair play. The speed of the trial at the accountability court has become a riddle, and two convictions in two consecutive days are widely being interpreted as abject political victimisation.
Khan, meanwhile, has a tough time ahead, especially as his party struggles to make its presence felt in the wake of restrictions and a crackdown on it before the February 8 ballot. But as far as the Toshakhana case is concerned, the defence seemed to be ill-prepared and kept on changing its counsel for as many as nine times. Whereas, the trial court too was harsh and did not provide the right of cross-examination of the prosecution witnesses, and asked Khan and his spouse to record their statements under Section 342 (power to examine the accused). This was unbecoming of transparency and smelt a rat.
The point is that sentencing to 14 years in prison in a corruption case was above board, and denying the right to hold a public office for 10 years is unexplainable. This verdict, coupled with Tuesday’s cipher judgment, will surely go on to grill the transparency of trial at the appellate stage.
Published in The Express Tribune, February 1st, 2024.
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