ISLAMABAD: Imran Khan, the country’s ex-prime minister, has had his sentence in the Toshakhana case suspended but his conviction remains. Unless the ruling of the trial court is reversed, he will be unable to run in future elections.
According to Faisal Siddiqi Advocate, a member of Imran Khan’s legal team, the failure to seek a stay of the trial court’s August 5 verdict was a major error. They merely asked that his sentencing be put on hold and that he be allowed to post bail.
If the trial court’s decision had been suspended, the Islamabad High Court (IHC) would have spent a lot of time debating the merits of the case. And, as Siddiqi put it, “Imran could have run for office if the trial court’s ruling had been put on hold.
As the IHC decision approaches, anticipation grows.
According to Hafiz Ahsaan Ahmad Khokhar, an advocate in Pakistan’s criminal justice system, suspended sentences are common, especially in cases involving short prison terms. He warned against viewing the IHC’s sentence suspension as a form of unusual clemency.
Khokhar continued, “The crucial aspect in this case is that the suspension of the sentence does not nullify Imran’s conviction by the trial court nor does it overturn his previous disqualification by the Election Commission of Pakistan (ECP) under Article 63(1)(p) and Article 63(H).”
Until the high court reverses these decisions, Imran Khan would be unable to lead his party or run for office.
“Imran Khan will remain disqualified for electoral politics in Pakistan under the provisions of Article 63(1)(p) and Article 63(H) of the Constitution,” Khokhar continued. “Until the ECP’s order dated 21-10-2022 and the trial court’s judgment dated 5-08-2023 are set aside, Imran Khan will remain disqualified for electoral politics in Pakistan.”
Notably, unlike the Supreme Court, the IHC’s order did not raise any concerns about the impartiality or competence of trial court judge Hamayun Dilwar.
A three-judge panel of the Supreme Court issued an order on August 23 stating their concern that the trial court’s verdict seemed to disregard the IHC’s remand direction.
The bench made clear that they intended to wait for the conclusion of the IHC’s Toshakhana proceedings before considering whether or not to take up the case themselves.
There is optimism among PTI backers that Imran Khan will receive some semblance of relief from Chief Justice of Pakistan Umar Ata Bandial before Bandial retires.
IHC stays Imran’s sentence in the Toshakhana case and authorizes his release; read more
Clear problems in the Toshakhana verdict were highlighted by Abdul Moiz Jaferii Advocate, who predicted that the sentence will be suspended. He pointed out that the trial court had disregarded an order from the IHC mandating a hearing on the ECP’s complaint’s maintainability.
“This decision adds to the politically sensitive judgments in Pakistan where despite evidence for conviction, trials are rushed and handled haphazardly, diminishing their legitimacy,” said Jaferii.
Former prime minister Nawaz Sharif, according to Jaferii, cannot account for his fortune, while Imran Khan has been accused of misappropriation. Their voters don’t give a damn. Neither would stand a chance in court.
Usama Khawar Ghumman Advocate, a professor at LUMS Law School, pointed out an intriguing aspect of the judgment: it does not even attempt to address the merits of the case. The sentence handed down to Imran is only briefly mentioned.
But looking at these situations from a legal standpoint is the wrong approach. They are considered as having political overtones rather than merely legal ones. The desires of the powerful influence the direction of the legislation.
The issue here is purely political, not legal. The establishment will find every excuse under the law to keep a politician out of office, Ghumman said.
The Supreme Court had disqualified Nawaz Sharif as party leader after his conviction in the Avenfield case. Now, some legal experts say Imran Khan can’t lead the PTI because his sentence hasn’t been overturned.
The question of whether or not CJP Bandial will provide the PTI and its leadership with any respite before his retirement remains open. The backing of his other judges is crucial in this regard, especially in cases that could shake up “powerful circles.”
Justice Bandial has kept PTI supporters hopeful over the past year by ruling in their favor in several crucial instances, but he was unable to save the PTI leadership when they needed him most.
