{"id":11123,"date":"2023-10-05T15:08:30","date_gmt":"2023-10-05T15:08:30","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/imran-seeks-suspension-of-trial-court-order-in-toshakhana-case-the-express-tribune\/"},"modified":"2023-10-05T15:08:30","modified_gmt":"2023-10-05T15:08:30","slug":"imran-seeks-suspension-of-trial-court-order-in-toshakhana-case-the-express-tribune","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/imran-seeks-suspension-of-trial-court-order-in-toshakhana-case-the-express-tribune\/","title":{"rendered":"Imran seeks suspension of trial court order in Toshakhana case | The Express Tribune"},"content":{"rendered":"
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\nISLAMABAD:
\n<\/strong><\/p>\n

Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan approached the Islamabad High Court (IHC) on Thursday to have the full order of the trial court in the Toshakhana case suspended, instead of just his sentence.<\/p>\n

In a plea filed through his counsel Sardar Latif Khosa, the former premier has pleaded to the court to also suspend the Election Commission of Pakistan\u2019s (ECP) order declaring him ineligible for contesting elections after being convicted in the Toshakhana case.<\/p>\n

Furthermore, the PTI chief has requested the court to allow amending the appeal against his conviction and including the state as a respondent in it. The ECP had earlier objected to the PTI chairman’s plea\u00a0not including the state as a respondent.<\/p>\n

The PTI chief has maintained that the ECP\u2019s notification should be suspended till a final ruling on his appeal against the Toshakhana conviction.<\/p>\n

Trial court verdict<\/strong><\/p>\n

On August 5, the deposed prime minister was arrested and sent to Attock jail,\u00a0hours after a trial court in Islamabad sentenced him to three years in prison<\/a> while imposing on him a fine of Rs100,000 for making false declarations about his assets to the ECP.<\/p>\n

Read<\/strong>\u00a0Imran, Qureshi meet in Adiala jail<\/a><\/p>\n

Additional Sessions Judge Humayun Dilawar also disqualified the PTI chief for five years, apparently ending his prospects for taking part in the elections slated for November this year, provided that superior courts do not come to his rescue this time.<\/p>\n

\u201cThis court finds it more than convincing that the complainant [ECP] has provided confidence inspiring, well-knitted and corroborated evidence and so the charge against the accused has successfully been proven,\u201d the judge said in his 30-page verdict issued at the conclusion of a rather speedy trial initiated on a criminal complaint of the ECP.<\/p>\n

Sentence suspended<\/strong><\/p>\n

However, on August 29,\u00a0the IHC\u00a0suspended the sentence<\/a> awarded to the PTI chief,\u00a0and ordered his release on bail. But the former prime minister remained behind bars as a judge had already ordered his detention in the cypher case.<\/p>\n

“We feel that the applicant is entitled to the suspension of sentence and be released on bail,” said a two-member IHC bench, led by Chief Justice Aamer Farooq and including Justice Tariq Mehmood Jahangiri. The bench ordered Imran\u2019s release on bail against the surety bond of Rs100,000.<\/p>\n

In its eight-page judgment, the bench said that the three-year imprisonment and Rs100,000 fine awarded by the trial court was of a short duration, therefore, the sentence had been suspended, adding that the PTI chairman should be released on bail.<\/p>\n

The judgment also referred to the Qaim Ali Shah case, saying that the Supreme Court has held that it was not necessary to suspend the sentence in every case, rather it was the discretion of the high court to grant or deny bail.<\/p>\n

Read more<\/strong>\u00a0Dar accuses Imran of planning May 9 attack<\/a><\/p>\n

The judgment also mentioned the Supreme Court\u2019s ruling on the National Accountability Bureau\u2019s (NAB) appeal against the suspension of sentence of former prime minister Nawaz Sharif in the Avenfield reference case.<\/p>\n

Toshakhana case<\/strong><\/p>\n

In 2022,\u00a0six members of the National Assembly filed a reference to the NA Speaker Raja Pervaiz Asharf, claiming that the statements of assets and liabilities submitted by the PTI chief with respect to the years 2018, 2019, 2020 and 2021 were not correct.<\/p>\n

The speaker referred the matter to the ECP under Article 63(2) of the Constitution. The ECP, after issuing notices to all, decided the matter on October 21, 2022 and disqualified the PTI chief under Article 63(1)(p) of the Constitution read with sections 137, 167 & 173 of the Election Act, 2017.<\/p>\n

The\u00a0ECP\u00a0also directed its office to initiate proceedings against the\u00a0PTI\u00a0chief under section 190(2) of the Election Act, 2017 and filed a complaint in\u00a0the Islamabad (West) sessions court against the\u00a0PTI\u00a0chief on November 7, 2022 for allegedly making a false declaration about his assets and liabilities.<\/p>\n<\/div>\n