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The Islamabad High Court (IHC) on Thursday dismissed ex-premier Imran Khan\u2019s petition seeking the suspension of the trial court verdict in the Toshakhana case.<\/p>\n
On August 5, a trial court in Islamabad had found the PTI chief guilty of \u201ccorrupt practices\u201d<\/a> in a case pertaining to concealing details of state gifts and sentenced him to three years in prison. Shortly after, the Election Commission of Pakistan (ECP) had disqualified<\/a> Imran for five years.<\/p>\n On August 29, the IHC had suspended<\/a> Imran\u2019s three-year sentence in the Toshakhana case. Subsequently, Imran had approached<\/a> the IHC seeking suspension of the trial court verdict.<\/p>\n The order issued today by a two-member bench of the IHC comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, a copy of which is available with Dawn.com<\/em> said that Imran\u2019s application was not maintainable and was dismissed.<\/p>\n The order said that during the arguments, Imran\u2019s lawyers had contended that the judgement be suspended under Section 426 (suspension of sentence pending appeals) of the Code of Criminal Procedure (CrPC) on the basis that the ECP had issued a notification disqualifying Imran. It further said that Imran\u2019s counsels had argued that the court had the jurisdiction to suspend the judgement under this provision.<\/p>\n However, the judgement said that Section 561 (inherent powers of the court to save the ends of justice) of the CrPC could be invoked to \u201ccorrect error or prevent the abuse of process of the court or to secure the ends of justice\u201d.<\/p>\n \u201cBare reading of the application for suspension filed by the appellant shows that it was for suspension of the sentence only,\u201d it said. It said that the main grounds for seeking rectification was the ECP\u2019s notification disqualifying Imran.<\/p>\n \u201cThis court was informed that challenge to the notification has already been made before the Lahore High Court by way of a constitutional petition in which notices have been issued. Moreover, notification was in the field when application for suspension was made, however, no reference was made to it nor it was pleaded in the application that remedy of suspension of conviction be also granted,\u201d the court order said.<\/p>\n It said that a \u201cspecific application\u201d for the suspension of the verdict was made under a \u201cspecific provision of law i.e. section 426 CrPC and relief was sought which was granted, however, now an extraordinary relief is being sought by way of a general provision of law i.e. section 561-A CrPC\u201d.<\/p>\n It said Imran had invoked a specific provision in his petition but did not \u201cspecifically pray in the same for suspension of the conviction\u201d.<\/p>\n Earlier in the day, the IHC had issued a notice to the Federal Investigation Agency (FIA) on a petition moved by Imran challenging in-camera proceedings of the cipher trial at Adiala Jail.<\/p>\n The former premier, in his plea<\/a> filed a day ago, had challenged his trial in jail and subsequent developments, including the framing of charges<\/a> and a gag order<\/a> on the media.<\/p>\n The Special Court (Official Secrets Act) had begun the cipher trial afresh last week at the Adiala district jail after Imran and former foreign minister Shah Mehmood Qureshi were indicted<\/a> for a second time in the case on Dec 13.<\/p>\n The cipher case pertains to a diplomatic document<\/a> that the Federal Investigation Agency\u2019s charge sheet alleges was never returned<\/a> by Imran. The PTI has long held<\/a> that the document contained a threat from the United States to oust Imran as prime minister.<\/p>\n The former premier and his aide Qureshi, who is also behind bars, were first indicted<\/a> in the case on Oct 23. Both had pleaded not guilty. The trial was being held at Adiala Jail and four witnesses had alre\u00ada\u00addy recorded<\/a> their statements when the IHC termed the government\u2019s notification for a jail trial \u201cerroneous\u201d and scrap\u00adped<\/a> the entire proceedings.<\/p>\n The IHC had endorsed Imran\u2019s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a \u201cfair trial\u201d.<\/p>\nIHC issues notice to FIA on Imran\u2019s plea against in-camera trial in cipher case<\/h2>\n