ISLAMABAD: On Friday, Imran Khan and his spouse Bushra Bibi contested the sentencing they received in the Toshakhana and cypher cases.
The appeals contend that Imran and Bushra were both the victims of a sham trial, in which the judges disregarded their basic rights to due process and a fair trial in addition to acting in an unfair and hurried manner.
Barrister Syed Ali Zafar, who served as the lead attorney in the Toshkhana and Cypher cases, filed two appeals, writ petitions, and motions against the decisions made by the special judge and NAB during the jail trials.
Barrister Zafar has argued that the accountability court and the special judge wrongfully found and condemned the former premier and his spouse. The appeal further claimed that their freedom and liberty had been restricted, flagrantly going against their fundamental rights as stipulated in the 1973 Pakistani Constitution. The evidence used against them is completely flawed and does not establish any connection between them and the charges.
The pleadings further highlight how the special court and the NAB authorities both gravely harmed the parties who were wronged in their rulings. First of all, the trials in both cases ended in a span of two to three weeks. Second, the trial was not open to the public, media, etc., in spite of the IHC’s order for an open trial.
Rather, proceedings were conducted in private, moving courtrooms without notifying the harmed parties or their attorneys. Thirdly, the verdicts are declared unlawful and unconstitutional since Imran Khan and his spouse’s rights to a fair trial under Article 10A of the Constitution were violated by their expedited proceedings, which appeared to be scheduled to end before the general elections on February 8.
Barrister Zafar further contended that neither Imran Khan nor his spouse was permitted to present defense-related testimony during the jail trials. It was unlawful to deny them the opportunity to cross-examine prosecution witnesses, including Mr. Azam Khan, an important witness. State attorneys designated by the court, who were chosen from the prosecution team, illegally took the place of their attorneys. In a similar vein, Imran’s Section 342 Cr. PC. statement was not recorded, and his attorneys were not permitted to make closing arguments.
In the Toshakhana and Cypher prison trials, the petitions ask for the decisions made by the NAB officials and special judge to be overturned, the accused to be cleared of all allegations, and the conviction and term to be suspended.
The Toshakhana case
Imran and his spouse were found guilty on January 31 by an accountability court judge of misusing the state’s gift repository, and they were sentenced to 14 years in prison.
In what is perhaps the fastest-ending trial in the history of accountability courts, the court additionally fined each of the offenders Rs. 787 million.
The National Accountability Bureau (NAB) accused the former prime minister and his spouse of breaking protocol by keeping priceless presents that they received while Imran was the nation’s chief executive in a reference that was submitted last month on December 19.
Interestingly, Imran was disqualified and given a three-year prison sentence by another trial court on August 5, 2023, for failing to disclose the gifts he accepted while serving as prime minister in his accounts of assets and liabilities that were turned in to the Election Commission of Pakistan (ECP).
Judge Muhammad Bashir of the Islamabad Accountability Court-I conducted the trial on the NAB referral in Rawalpindi’s Adiala Jail, where Imran Khan has been incarcerated since September of last year.
The main focus of the allegations is that, when Imran was prime minister, he and Bushra reportedly kept presents they received on official trips overseas. The couple allegedly kept the gifts and made a smaller than required donation to the national treasury, rather than depositing them in the Toshakhana as required by formal tradition.
It is alleged that Bushra in particular has kept a variety of jewelry pieces that she got as gifts from official visits. A locket, two rings, two ear tips, and two bracelets that were received on June 26, 2019, are among the purportedly retained gifts. She purportedly purchased an ear tops, ring, bracelet, and gold necklace with diamonds in 2020. In 2021, a bracelet, ring, earrings, and necklace were added to the list.
Case of Cypher
The lawsuit began on March 27, 2022, when Imran displayed a paper in public during a rally in Islamabad, citing it as proof of a “international conspiracy” before his government was overthrown by a vote of no confidence.
On July 19, 2023, the FIA opened an official investigation into the alleged “cypher-gate” following the announcement by the former coalition government that Imran and his close allies had violated the OSA.
Following his conviction in the Toshakhana case by an Islamabad local court, Imran was taken into custody on August 5, 2023. He was later detained in connection with the Cypher case on August 29.
In the well-known cypher case, Imran and former foreign minister Shah Mahmood Qureshi were sentenced to ten years in prison by the special court constituted under the Official Secrets Act on January 30.
The ruling was made public at the hearing that took place within the Adiala jail in Rawalpindi, under the direction of Judge Abul Hasanat Zulqarnain.
The judge questioned the former prime one final time where the cypher was before sentencing Imran.
“I stated in my statement that I had no responsibility for the security of the Prime Minister’s House. He said, “I don’t have the cypher.”
The accused individuals were requested to document their responses in the Section 342 questionnaire, which was also given to the two PTI leaders by the judge.
Following the recording of Imran and Qureshi’s statements pursuant to Section 342, the court declared its decision.
