ISLAMABAD: Imran Khan and his wife Bushra Bibi challenged their respective sentences on Friday in the Toshakhana and cypher cases.
The appeals argue that both Imran and Bushra were subjected to a sham trial, where the courts not only proceeded unfairly and hastily but also ignored their fundamental right to a fair trial and due process.
The lead counsel, Barrister Syed Ali Zafar, filed two appeals, writ petitions, and applications, challenging the orders passed by the special judge and NAB during the jail trials of the Toshkhana and cypher cases.
Barrister Zafar has contended that the ex-premier and his wife have been erroneously convicted and sentenced by the accountability court and the special judge. The appeal further argued that their freedom and liberty have been curtailed, blatantly violating their fundamental rights guaranteed under the Constitution of Pakistan, 1973. The evidence presented against them is deficient in every manner and fails to connect them with the alleged charges.
The filings further point out that, while passing their respective judgments, both the NAB authorities and the special judge have caused grave injustice to the aggrieved. Firstly, their trials in both cases were concluded within two to three weeks. Secondly, despite the IHC’s directive for an open trial, the public, media, etc, were not allowed to witness the trial freely.
Instead, proceedings were carried out secretly, changing courtrooms without informing the aggrieved and their counsels. Thirdly, the judgments are deemed illegal and unconstitutional as the rights of Imran Khan and his wife to a fair trial under Article 10A of the Constitution were infringed when their trials were rushed, seemingly timed to conclude before the general elections on Feb 8.
Furthermore, Barrister Zafar argued that during the jail trials, both Imran Khan and his wife were not allowed to produce evidence in defence. Their right to cross-examine prosecution witnesses, including the instrumental witness Mr Azam Khan, was illegally closed. Their lawyers were unlawfully replaced with court-appointed state counsels, picked from the prosecution team. Similarly, the Section 342 Cr. PC. statement of Imran was not recorded, and his lawyers were not allowed to present concluding arguments.
The filings pray for setting aside the judgments passed by the NAB authorities and special judge in the jail trials of Toshakhana and cypher cases, acquitting them from charges, and suspending their sentence and conviction.
Toshakhana case
An accountability court judge on Jan 31 found Imran and his spouse guilty of misusing the state’s gift repository and sentenced them to 14 years in prison.
The court also slapped a fine of Rs787 million each on the accused individuals in what is being described as the most swiftly concluded trial in accountability courts’ history.
In the reference filed last month – on December 19, the National Accountability Bureau (NAB) accused the former PM and his wife of retaining precious gifts received during Imran’s terms as the country’s chief executive in violation of the prescribed protocol.
Interestingly, another trial court on August 5, 2023, disqualified Imran and sentenced him to three years in prison for not disclosing the gifts he received as the prime minister in his statements of assets and liabilities submitted to the Election Commission of Pakistan (ECP).
Islamabad Accountability Court-I Judge Muhammad Bashir had presided over the trial on NAB reference inside Rawalpindi’s Adiala Jail, where Imran Khan has been detained since September last year.
The crux of the accusations revolves around Imran and Bushra allegedly retaining gifts received during their official visits to foreign countries while Imran served as the prime minister. Instead of following the prescribed official protocol by depositing these gifts in the Toshakhana, the couple purportedly kept them and contributed an amount less than the stipulated value into the national treasury.
Bushra, in particular, is accused of holding on to various jewellery items received as gifts during official visits. The list of allegedly retained gifts includes a locket, two rings, two ear tops, and two bracelets received on June 26, 2019. In 2020, she reportedly acquired a diamond-studded gold necklace, ring, bracelet, and ear tops. The list expanded in 2021 with the addition of a necklace, earrings, ring, and bracelet.
Cypher case
The case originated from Imran’s public display of a paper during a rally in Islamabad on March 27, 2022, claiming it as evidence of an “international conspiracy” before a vote of no-confidence led to his government’s ouster.
The FIA initiated its probe into the so-called “cypher-gate” on July 19, 2023, after the previous coalition government announced an official inquiry against Imran and his close associates for violating the OSA.
Imran was arrested on August 5, 2023, following his conviction in the Toshakhana case by a local court of Islamabad. Later, he was also arrested in the cypher case on August 29.
On January 30, the special court established under the Official Secrets Act awarded Imran and former foreign minister Shah Mahmood Qureshi 10 years imprisonment in the high-profile cypher case.
The court, presided by Judge Abul Hasanat Zulqarnain, announced the verdict during the hearing held within the premises of Rawalpindi’s Adiala jail.
Before sentencing Imran, the judge asked the former premier one last time where the cypher was.
“I have mentioned in my statement that the Prime Minister House’s security was not my responsibility. I don’t have the cypher,” he stated.
The judge also provided the two PTI leaders with copies of the statement and the questionnaire under Section 342 and both accused were asked to record their replies in the questionnaire.
After Imran and Qureshi recorded their statements under Section 342, the court announced its verdict.
