ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife, Bushra Bibi, on Monday filed appeals before the Islamabad High Court (IHC) challenging their convictions in the Toshakhana-II case.
In the separate appeals, the appellants challenged the 17-year prison sentences awarded to them by a special court earlier this month.
The appeals contested the December 20 verdict by a special judge, who sentenced the former prime minister and his spouse to 17 years’ imprisonment each over the under-priced purchase of luxury state gifts. The couple was also fined Rs16.4 million in the case.
Over a dozen PTI lawyers, including Salman Akram Raja and Barrister Salman Safdar, moved the petitions and cited the state and Director General (DG) Federal Investigation Agency (FIA) as respondents.
The appellants contended that the 20th December judgment is unjust, unfair, and appears to be a direct manifestation of political victimization orchestrated by the adversaries of the appellant and the incumbent government.
They submitted that the trial court relied on the statement of Inamullah Shah, who had already been dismissed, arguing that basing a verdict on the testimony of a dismissed witness is legally untenable. The court also relied on the statement of an approver, which the appellants contend is contrary to the law. The appellants maintained that the prosecution failed to establish the case against Imran Khan and Bushra Bibi.
The appeals further stated that the trial court overlooked the methodology adopted by the Federal Investigation Agency in conducting the investigation. In the absence of settled law, precedent, or clear guidance on the subject, heightened care and caution were required in interpreting and applying the governing legal framework. Instead, both the investigating agency and the Trial Court proceeded in a cursory manner.
It contended that this is evident from the absence of any FIR on the record. In undue haste, and without assessing the existence of criminality or the applicability of criminal breach of trust, a challan was submitted within two days of the initiation of the investigation, upon which the Trial Court mechanically framed charges and summoned prosecution evidence.
The appellants alleged that the essential ingredients required to constitute the offence of criminal breach of trust include: (i) entrustment of property, (ii) dishonest misappropriation or conversion of such property to the accused’s own use, and (iii) in cases falling under Section 409 PPC, the additional and mandatory requirement that the accused must be a “Public Servant.” However, in the present case, the prosecution has failed to establish any of these foundational elements. There was no dishonest misappropriation or conversion, as the gifts were duly retained strictly in accordance with the Toshakhana Policy and Rules after payment of the requisite assessed amount.
On December 20, an Islamabad court had sentenced Imran Khan and Bushra Bibi to a total of 17 years in prison each under various sections in the Toshakhana-II case.
Copyright Business Recorder, 2025
Comments