IHC verdict in Toshakhana case: SC Registrar asks IK to file plea afresh

ISLAMABAD: Former Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan approached the Supreme Court against the judgment of Islamabad High Court (IHC), praying to suspend his conviction in Toshakhana case.

However, the SC Registrar Office raising objections returned former prime minister’s appeal directing to remove the deficiencies and file the appeal within 14 days.

Advocate Sardar Latif Khosa, on Saturday, filed an appeal before the Supreme Court against the IHC’ decision.

Imran requested the apex court to nullify the IHC’s decision and suspend the sentencing in the Toshakhana case. He urged the apex court to expedite proceedings, in light of the upcoming general elections.

Khosa stated that the leader of the country’s “largest political party” should not be excluded from participating in the electoral process and requested the suspension of the decision in the Toshakhana case to enable his participation.

He maintained that challenging this ruling is his prerogative and argued that being declared ineligible before the elections infringes upon his fundamental rights. The PTI founder raised concerns about the election commission’s swift decision which he contended displayed bias.

The High Court on Tuesday dismissed Imran’s application seeking suspension of his conviction in Toshakhana case. This order has effectively eliminated the possibility of the PTI founder contesting the upcoming general elections scheduled for February 8, 2024.

A trial court on August 5 convicted the PTI founder in a case related to misuse of the state’s gift repository—Toshakhana—and sentenced him to three years in prison. The Election Commission of Pakistan (ECP) on August 8 disqualified Imran as a lawmaker given his conviction.

The IHC stated in its written judgment that in appropriate cases, section 561-A CrPC can be invoked to correct error or prevent the abuse of process of the Court or to secure the ends of justice while “bare reading of the application for suspension filed by the appellant shows that it was for suspension of the sentence only.”

Copyright Business Recorder, 2023