The capital’s high court has dismissed former prime minister Imran Khan’s application seeking suspension of his conviction in the gift repository case. This order has effectively eliminated the possibility of the PTI founder contesting the upcoming general elections scheduled for February 8, 2024.
On Thursday, the Islamabad High Court (IHC) division bench, commanded by Chief Justice Aamer Farooq and including Justice Tariq Mehmood Jahangiri, revealed its ruling regarding the former PM’s petition asking the IHC to rescind its August 28 ruling.
In a case involving misuse of the state’s gift repository, Joshkhana, a trial court found the PTI founder guilty on August 5 and sentenced him to three years in prison. Due to his conviction, Imran was barred from serving as a legislator by the Election Commission of Pakistan (ECP) on August 8.
The former prime minister appealed the trial court’s decision to the IHC, and on August 28, a division of the IHC made up of Justices Farooq and Jahangiri postponed his sentence.
Toshakhana Ruling under Scrutiny
The PTI chief later moved another application in the court seeking suspension of his conviction in the case as well. After hearing the arguments of both parties, the court reserved its order which was released on Thursday.
In its nine-page detailed order, the court noted that the ECP had already issued its August 8 ruling when the former premier moved the first application for suspension of his sentence. “However, [in the application] no reference was made to [the ECP notification] nor it was pleaded in the application that remedy of suspension of conviction be also granted,” it said.
The court stated that the first application was made under Section 426 of CrPC [Code of Criminal Procedure] and relief was sought which was granted. “However, an extraordinary relief is being sought [now] by way of a general provision of law—Section 561-A [of the] CrPC.”
Referring to different orders of the Supreme Court, the IHC said powers vested in high courts under section 561-A of the CrPC can only be invoked in extraordinary and exceptional circumstances where no other procedure or remedy is available or is provided by the code.
شکریہ محترم عامر فاروق صاحب
توشہ خانہ فوجداری کیس میں فیصلہ معطل کرنے کی عمران خان صاحب کی درخواست مسترد کردی تاکہ نااہلی برقرار رہے،اسے کہتے ہیں انصاف ہوتا ہوا نظر آرہاہے،ایک طرف درخواست پر 11 مہینے تک فیصلہ نہیں دیا جاتا اور دوسری طرف کاغذات نامزدگی سے پہلے درخواست خارج کر دی…— Naeem Haider Panjutha (@NaeemPanjuthaa) December 21, 2023
IHC rejects Imran’s plea to withdraw Appeal against Disqualification in Toshakhana Case
Only in cases where the code lacks a particular provision may Section 561-A CrPC be used. The statement stated, “Appellant [Imran] had invoked a specific provision but had not specifically prayed for the conviction to be suspended in the same.”
According to the order, the Lahore High Court (LHC) has distinguished between a suspension of sentence and a conviction. It also stressed the need for a specific plea to be made for the suspension of conviction and the need to underline any unusual circumstances that warrant the relief of the suspension of conviction.
Imran, the appellant, failed to provide this information in his suspension request. “Plea under section 426 CrPC is similar to a bail application; according to established law, in a bail application, the petitioner must raise all relevant grounds; failing to do so is equivalent to giving up those grounds.
“An applicant may only sustain a second or subsequent bail application if they have any new grounds. No particular plea was made in the current case, and an attempt has been made to conceal the omission.
Will PTI find relief from Isa-led SC?
“Even though they were present in the form of [the ECP] notification dated August 8 at the time the application was filed, no extraordinary or exceptional circumstances were mentioned in the earlier application.” The instant application is not maintainable in light of the aforementioned, and it is thus dismissed, according to the order.
One of Imran’s attorneys, Naeem Haider Panjutha, “thanked” IHC Chief Justice Aamer Farooq for the order in a satirical post on X. “Imran Khan applied to have his sentence in the Toshakahana case suspended so that he could continue to be disqualified, but you denied his request.
This demonstrates that justice is not only carried out but also perceived to be carried out. An application is rejected before [Imran’s] nomination papers are submitted, and on the one hand, it is not heard for eleven months.
Imran Khan had requested to drop his appeal against his disqualification in the Toshakhana case, but the IHC denied his request earlier this month. The former prime minister intended to withdraw his appeal against the ECP’s notification of his disqualification to refile it before the LHC, according to PTI’s attorney Barrister Ali Zafar, who told the court. But the request had been turned down by Justice Farooq.