PTI founder and deposed prime minister Imran Khan has approached the Islamabad High Court(IHC) against the sentences handed down to him in the cipher case and Toshakhana (gift repository) reference, seeking their suspension and his release on bail.
Similarly, his wife Bushra Bibi has filed a plea with the IHC against the punishment she received in the National Accountability Bureau’s (NAB) Toshakhana reference. IHC Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb have asked the parties to respond by Thursday (today).
The court further directed the petitioners’ lawyers to present their arguments on the maintainability of the pleas for the suspension of the sentences. However, the question remains whether the sentences can be suspended.
Earlier, the IHC had suspended Imran’s three-year sentence, handed down by an additional district and sessions judge in a case related to non-disclosure of the gifts he had received during his term as the prime minister in his statements of assets and liability, and granted him bail.
Then the PTI’s lawyers had presented arguments on the trial court’s decision as well as on the duration of the sentence. They had contended that the suspension of the three-year sentence until the final decision on the central appeal was necessary to fulfill the requirements of justice.
They had added that the suspension of the sentence was necessary because the period of three years would be considered a short-term punishment.
the Lawyer Representing the Election Commission of Pakistan
In response, the lawyer representing the Election Commission of Pakistan (ECP) argued that it was not a short-term punishment but the maximum one according to the law. The IHC then issued an order to suspend the punishment.
However, Imran was sentenced to 10 years in jail in the cipher case. The former premier and his wife Bushra Bibi were sentenced to 14 years’ imprisonment in the Toshakhana reference. According to the NAB law, a 14-year jail term is the maximum sentence upon conviction.
Legal experts believe that even 10 years of imprisonment in the cipher case cannot be considered a short-term punishment. Therefore, they say, the lawyers representing Imran and his wife have to present a strong case for the maintainability of various applications. They add that the legal issues in the decisions along with the judicial opinions should also be presented before the court.
The IHC CJ had received a plea against the appointment of a special court judge under the Official Secrets Act and challenged the jail trial but rejected it.
Then, an IHC bench headed by Justice Aurangzeb annulled the proceedings of the special court on an intra-court appeal, and the matter was started again with the indictment.
Later, Justice Aurangzeb once again declared the proceedings null and void after the statements of some witnesses were recorded during the jail trial.
Legal Experts
The legal experts say that both these judges have already heard the cipher case so it has to be seen how the lawyers of the petitioners somehow acquire relief for their clients.
Apparently, there is no possibility of the suspension of punishment during Thursday’s hearing because the court has sought replies from the Federal Investigation Agency (FIA) and NAB.
If for any reason NAB and the FIA seek more time for preparation, then the matter of suspension of the sentences will be postponed till the next hearing.
Former Islamabad advocate general Jahangir Jadoon explained that Section 426 of the Code of Criminal Procedure (CrPC) was related to the suspension of the sentence. He added that the suspension of Imran’s sentence would depend on various factors.
Jadoon elaborated that if the appeal was delayed because of the prosecution, then the sentences could be suspended. He added that if the prosecution was not using delaying tactics in the appeal and the sentence was less than six months, the chances of its suspension would be less.