Pakistan's ex-PM Imran Khan's graft conviction suspended

ISLAMABAD, Pakistan

The Islamabad High Court (IHC) on Tuesday suspended Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan's sentence awarded to him in the Toshakhana case.

Former prime minister Imran Khan at Islamabad High Court (IHC).

The IHC announced the short verdict that it reserved a day earlier wherein it directed the authorities to release the PTI chief on bail.

The court said it would elaborate on the reasons for the suspension of the sentence in the detailed verdict to be issued later.

According to sources, the PTI chief has been directed to submit a surety bond of Rs100,000 against the bail.

The verdict comes as a major legal victory for Khan who had challenged his conviction and sentence awarded to him in the Toshakhana case.

Earlier this month, a district and sessions court in the federal capital had sentenced Khan to three years in prison and imposed a fine of Rs100,000, after finding him guilty of corrupt practices related to the state gift repository — in a move that barred him from contesting elections due later this year.

The former prime minister, who has been disqualified from holding any public office due to the conviction, was arrested immediately after the trial court's ruling on August 5 and has since been incarcerated in Attock jail. 

Subsequently, Khan petitioned the high court against the Additional District and Sessions Judge (ADSJ) Humayun Dilawar decision to convict him in the Toshakhana case filed by Election Commission of Pakistan (ECP).

On Monday, a division bench comprising IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri concluded the proceedings on the plea and reserved the verdict.

Before the conclusion of proceedings, the counsel representing the Election Commission of Pakistan (ECP) Amjad Pervaiz presented his arguments opposing the pleas by the PTI chief.

The PTI counsel Sardar Latif Khan Khosa had focused on three aspects — suspension of his client’s short sentence, jurisdictional defect and improper authorisation — to defend the plea.

However, the electoral body's lawyer termed the objections to the maintainability of the ECP’s complaint as baseless during Monday's hearing.

He claimed that the witnesses presented by the defence were not relevant as these were tax consultants, whereas the complainant accused the ex-PM of submitting a false declaration of assets.

He also objected to the request for suspension of Khan’s sentence, saying this is not a matter of right but the discretion of the court which could be exercised judiciously.

Ahead of the Toshakhana verdict, the PTI filed a new plea seeking the court's directive to stop authorities from arresting Khan in any case.

The plea was filed in the IHC by PTI chief's lawyer Salman Safdar.

The petition filed in the court to restrict the Federal Investigation Agency (FIA), National Accountability Bureau and police from arresting Khan.

What is Toshakhana?

Established in 1974, Toshakhana — a Persian word meaning "treasure house" — is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats and officials by heads of other governments and states and foreign dignitaries as a goodwill gesture.

It has valuables ranging from bulletproof cars, gold-plated souvenirs and expensive paintings to watches, ornaments, rugs and swords.

Under the rules governing Toshakhana, government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.