Toshakhana case: Pakistan court dismisses Imran Khan's plea seeking suspension of trial court's verdict

The former prime minister had challenged his conviction in the Islamabad High Court which had suspended his three-year sentence and granted him bail.

Islamabad: A high court in Pakistan on Thursday dismissed Imran Khan's plea seeking suspension of the trial court's verdict in the Toshakhana corruption case, in a fresh setback to the jailed former prime minister whose participation in the February 8 general elections is now uncertain.

On August 5, the 71-year-old former cricketer-turned-politician was convicted by the Islamabad-based trial court in the Toshakhana case which was about the concealment of details of state gifts.

The verdict meant the founding chairman of the Pakistan Tehreek-e-Insaf (PTI) party was disqualified from contesting elections for five years.

Khan challenged his conviction in the Islamabad High Court (IHC) which on August 28 suspended his three-year sentence and granted him bail. However, his conviction has not been set aside so far, making him ineligible for any public office.

The ex-premier subsequently filed a plea in the IHC seeking suspension of the trial court verdict in the case.

On Thursday, the Islamabad High Court (IHC) dismissed his plea seeking suspension of the trial court’s verdict in the Toshakhana case.

In a nine-page detailed verdict, IHC Chief Justice Amir Farooq and Justice Tariq Mahmour Jahangiri ruled that the instant application is not maintainable and is accordingly dismissed.

"In the instant case, no specific plea was raised and subsequent application has been made to cover up the omission. Even no extraordinary or exceptional circumstances were mentioned in the earlier application though they existed in the form of the notification dated 08.08.2023 when the application for suspension of the sentence was filed," the verdict said.

"Bare reading of the application for suspension filed by the appellant shows that it was for suspension of the sentence only," it said.

It said Khan had invoked a specific provision in his petition but did not “specifically pray in the same for suspension of the conviction”.

The dismissal of the plea comes at a crucial juncture as Khan's party announced that he would contest election from three constituencies, which may not be possible until his conviction by the trial court is either suspended or overturned by the high court.

Separately, the IHC issued a notice to the Federal Investigation Agency on Khan’s plea against an in-camera trial in the cipher case. The case pertains to a diplomatic document that was allegedly mishandled, constituting a violation of the secret laws of the country.

After issuing notices and hearing arguments by Khan’s lawyer, the court adjourned the hearing till Friday.

Apart from Khan, former foreign minister Shah Mehmood Qureshi is also accused in the case. Both leaders are in the Adiala Jail where they were indicted for a second time on December 13.

Khan, who served as prime minister of Pakistan from August 2018 to April 2022, was removed through a vote of no-confidence in April 2022. More than 150 cases have been filed against Khan since his ouster from power.