ISLAMABAD – Former Prime Minister Imran Khan and his wife Bushra Bibi have approached the Islamabad High Court (IHC), requesting suspension of their sentences in the Toshakhana-2 case, citing serious medical issues and alleged procedural flaws in the trial court’s verdict.
The petition, filed by Advocate Salman Akram Raja along with barristers Salman Safdar, Gohar Ali Khan, and Qausain Faisal Mufti, was submitted under Sections 426 and 561-A of the Criminal Procedure Code 1898. It seeks immediate suspension of the couple’s prison terms until their criminal appeal is heard.
This move comes a month after the Special Court Central-I convicted them, sentencing both to 10 years in prison under Section 409 PPC for criminal breach of trust, along with a fine of Rs16.425 million. Additionally, seven-year terms were imposed under Section 5(2) of the Prevention of Corruption Act 1947. The petition argues that convicting them under two separate laws for the same act constitutes double jeopardy under Section 26 of the General Clauses Act 1897, as the trial court should have applied only one provision.
Medical concerns are central to the plea. A report by Dr. Muhammad Arif of PIMS indicates that Imran Khan has severe damage to his right eye, with just 15% vision remaining, and adequate treatment is not possible in prison. The petition also references Supreme Court proceedings on February 10, 2025, where Imran’s counsel appeared as amicus curiae.
The petition challenges the trial court’s classification of Imran as a “public servant” under Section 21 PPC, citing national and Indian Supreme Court precedents, and asserts that all Toshakhana gifts were deposited correctly according to the Toshakhana Policy 2018. Other objections include the treatment of Sohaib Abbasi as an approver without following Section 337 CrPC procedures and the exclusion of Syed Inamullah Shah as an accused despite his material involvement.
The couple emphasized that they remained on bail throughout the trial, complied with all conditions, and contend that suspension of the sentences is necessary to prevent a “manifest miscarriage of justice” until their appeal is heard.
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