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Islamabad High Court finds fault in sessions court’s verdict against Imran Khan in Toshakahna corruption

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Islamabad, Aug 25 (PTI) The Islamabad High Court (IHC) on Friday observed that the trial court,
which convicted Imran Khan in the Toshakahna corruption case, ”did wrong” as it adjourned until
Monday the hearing on jailed former prime minister’s appeal against his conviction and sentence.
On August 5, a sessions court in Islamabad convicted Khan, 70, in the case filed by the Election
Commission of Pakistan (ECP) and sentenced him to three years in prison. The verdict meant he was
disqualified from contesting general elections for five years.
Two-member IHC bench comprising Chief Justice (CJ) Aamer Farooq and Justice Tariq Mehmood
Jahangiri heard the plea seeking suspension of Khan’s conviction by the trial court’s Additional
District and Sessions Judge (ADSJ) Humayun Dilawar.
During the hearing, Advocate Amjad Pervaiz, the ECP’s lawyer, was expected to conclude his
arguments.
However, he failed to appear due to being “extremely unwell” — as stated by a member of his team.
His assistant advocate asked the bench for an adjournment saying: "For the last eight months, we
never sought adjournment."
He said that doctors had suggested Parvaiz bed rest.
At this, Chief Justice Farooq said: ”The request for suspension of sentence is now at a critical stage.”
He added that arguments would have been completed in fifteen to twenty minutes.
He further said: ”We can also do what the trial court did, but we will not”.
”Two wrongs don’t make a right. We will not do what the trial court did. We adjourn the case till
Monday (August 28), and even if no one comes, we will announce our decision,” Justice Farooq said,
adding that what the trial court had done was ”wrong”.
At this, Pakistan Tehreek-e-Insaf (PTI) counsel Latif Khosa remarked: ”One person has been in jail for
twenty days. Will [you] keep the PTI chairman in jail for another three days?
”We will not appear in court, do what you have to do,” he said. He requested the bench to suspend
the sentence immediately.

”If you are satisfied with their arguments on Monday, then send them back to jail,” he requested.
Besides the sentence, the additional district and sessions judge also imposed a fine of Rs100,000
after finding Khan guilty of graft in the Toshakhana case.
The Supreme Court (SC) Wednesday also acknowledged the “procedural defects” in Khan’s
conviction but opted to wait for the IHC’s decision on the former premier’s plea seeking suspension
of the three-year sentence.
The PTI in a statement confirmed that the hearing at IHC was adjourned till Monday, August 28, due
to the sickness of the counsel of the ECP.
“Delaying tactics on the go on the second day as yesterday. The same lawyer filibustered for quite a
while reading old judgments in the court,” the PTI said.
The IHC has been hearing Khan’s appeal since August 22.
The court on Thursday adjourned the hearing until Friday.
The defence team has already completed the arguments.
The Toshakhana case was filed by ruling party lawmakers in 2022 in the ECP, alleging that Khan
concealed the proceeds from the sale of state gifts.
The ECP first disqualified him and then filed a case of criminal proceedings in a sessions court which
convicted him and subsequently, Khan was sent to jail.
Khan is currently in Attock Jail where he was lodged after arrest following his conviction. He has also
been disqualified for five years.
The case alleges that Khan had “deliberately concealed” details of the gifts he retained from the
Toshaskhana – a repository where presents handed to government officials from foreign officials are
kept – during his time as the prime minister from 2018 to 2022 and proceeds from their reported
sales.

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According to Toshakhana rules, gifts/presents and other such materials received by persons to
whom these rules apply shall be reported to the Cabinet Division.
According to reports, Khan received 58 gifts worth more than Rs 140 million from world leaders
during his three-and-a-half-year stint and retained all of them either by paying a negligible amount
or even without any payment. PTI

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