IHC directs filing of new application in Toshkhana-II case

Salman Safdar says if hearings occur before Eid, release is possible

ISLAMABAD:

The Islamabad High Court on Thursday instructed the legal team of Pakistan Tehreek-e-Insaf founder and former Prime Minister Imran Khan and his wife Bushra Bibi to file a new miscellaneous application to resolve outstanding office objections in their appeals against the Toshakhana-II convictions.

On December 20, a special court sentenced Imran Khan and Bushra Bibi to 17 years in prison each in the Toshakhana-II case, which states the couple unlawfully retained a Bulgari jewellery set gifted by the Saudi Crown Prince during an official visit to Saudi Arabia.

During the hearing, Justice Khadim Hussain Soomro presided over a session on the registrar office’s objections to the appeals. Barrister Salman Safdar, representing Imran Khan and Bushra Bibi, appeared before the court and argued, “Some objections were raised by the office; I filed the appeals on time. The verdict was announced on December 20, and the appeals were filed on December 29. When filing the appeals, we submitted certified copies of the judgments along with them. The office did not inform us of any objections at that time."

Speaking to the media outside the court, Salman Safdar said that if hearings occur before Eid, release is possible. "Both [Al-Qadir, Toshakhana-II] cases are linked and cannot be separated.”

"When we filed the suspension of sentence application, we were informed on February 14 that there are objections to your appeals.”

He added that it is an established principle that once an appeal is filed, it is considered timely filed and that the Supreme Court has already ruled that the fault is not on Pakistan Tehreek-e-Insaf(PTI)'s part.

On February 26, Safdar had approached the IHC regarding objections raised by the registrar without making the defence counsel aware of them. The office also objected that the pages were not flagged and the order was not arranged correctly.

The court had then granted seven days for all remaining objections to be removed. Two miscellaneous applications of Imran Khan and Bushra Bibi were accepted, including one to remove objections on the main appeal and another to extend the time to remove objections.

Justice Soomro responded, “After 21 or 22 years of legal practice, this is what happens when a lawyer leaves their file unattended.”

Barrister Safdar further said that the office objected that the objections were not addressed within seven days and that when the office raised these objections, they were not informed, "I have brought the application for suspension of sentence before you.”

Read: Gohar calls for security briefing in parliament

Justice Soomro said, “The office objections are not part of your miscellaneous application. You must file a separate application to remove these objections.”

The court directed Salman Safdar to file the new application and adjourned the hearing indefinitely.

Al-Shifa transfer case

In a separate case, the court issued a notice regarding a request to transfer Imran Khan to Shifa International Hospital for medical treatment and summoned the District Election Commissioner of Islamabad to provide a response. Additionally, the court requested a report from the Superintendent of Adiala Jail on how much of his sentence in the Toshakhana criminal case Imran Khan has already served.

Justices Arbab Muhammad Tahir and Khadim Hussain Soomro issued a written order stating that three objections related to the application have been removed, while two remain. Notices were issued to the Additional Attorney General and the Advocate General regarding the outstanding objections.

The court instructed the Registrar’s office to assign a number to the miscellaneous application and list it alongside the main appeal. The Registrar was also directed to prepare the appeal paper book before the next hearing scheduled for March 10.

Foreign funds case

Also on Thursday, the Islamabad Banking Court extended the interim bail of Imran Khan and co-accused Seraj Ahmed and Faisal Qazi in the foreign funding case until March 25.

Judge Abdul Ghafoor Kakar presided over the hearing and instructed the Federal Investigation Agency (FIA) to submit the challan as soon as possible. Speaking in court, Special Prosecutor Wasique Malik said, “The challan is complete and will be submitted to the court within a day or two.” He added that a single comprehensive challan was prepared instead of separate supplementary ones, which caused a delay.

Malik also confirmed that the challan covering two additional accused has already been completed. The court further directed that during the next hearing, arguments on pre-arrest bail applications would also be heard.

Imran Khan’s previous bail request in the case had already been approved by the court. The hearing for the PTI foreign funding case has been adjourned until March 25.

In August 2022, the Election Commission of Pakistan (ECP) issued its verdict in the prohibited funding case, formerly known as the foreign funding case, stating that PTI had received prohibited funding.

The ECP noted that PTI “knowingly and willfully” received $2.12 million from Wootton Cricket Limited, operated by businessman Arif Naqvi, and described the party as a “willing recipient” of the prohibited funds.

The commission added that PTI also received donations from Bristol Engineering Services (UAE), E-Planet Trustees (Cayman Islands), SS Marketing Manchester (UK), PTI USA LLC-6160, and PTI USA LLC-5975, which violated Pakistani laws.

PTI maintains that the funds were donations from Pakistanis living abroad and did not constitute illegal funding.

Media talk

Speaking to the media outside the court, Salman Safdar said, “The PTI chairperson has key appeals in the Al-Qadir and Toshakhana-II cases. In the Al-Qadir case, the chairman and his wife are hopeful for bail. The Toshakhana-II appeal has not yet been allocated a case number. The hearing can only proceed once it is assigned."

Safdar said that it is likely that next week, a number will be allocated for the PTI chairman’s appeal and once the appeal number is assigned, a formal hearing on suspension of sentence will take place.

He added, “Office objections have been consistently raised in the chairman’s cases. The appeals were filed in the High Court on the ninth day after the judgment. The chairman is currently imprisoned in only two cases. No arrest is sought in any other case."

Read more: IHC petition seeks Imran Khan sentence suspension, bail on medical grounds

According to the petition filed on February 14, the Toshakhana-II case warrants suspension of sentence both on merit and medical grounds. The former premier is suffering from a serious condition in his right eye, the petition reads, diagnosed by Dr Muhammad Arif of the Pakistan Institute of Medical Sciences, who stated that his right eye has been severely affected due to a blood clot.

A miscellaneous application was also filed seeking an early hearing of the case related to the suspension of sentence in the £190 million case.

On January 17, Imran Khan and his wife were convicted in the £190 million case, with Khan being sentenced to 14 years in prison, while Bushra Bibi received a seven-year jail term. The case alleges that Imran Khan and others involved adjusted Rs50 billion—equivalent to £190 million at the time—that was transferred by the UK's National Crime Agency (NCA) to the Pakistani government.

As PM, Khan obtained cabinet approval for this settlement on December 3, 2019, without disclosing the confidential details of the agreement. The arrangement had stipulated that the funds would be submitted to the Supreme Court.

According to NAB officials, Khan and his wife received land worth billions of rupees intended for the construction of an educational institute.

NAB filed the reference on December 1, 2023, against eight accused persons, including Imran and his wife. The court on January 6, 2024 declared the remaining six accused proclaimed offenders as they did not face the trial and escaped to foreign countries. The court indicted Imran and Bushra on February 27, 2024. The prosecution presented 35 witnesses, whom the defence later cross-examined.