Toshakhana case: Will Imran Khan’s suspended conviction mark his political return?

The Islamabad High Court (IHC) has suspended former Pakistan prime minister Imran Khan’s conviction and three-year sentence on corruption charges in the Toshakhana case. The court also ordered the release of the 70-year-old cricketer-turned-politician who is currently jailed in Attock city. However, the Pakistan Tehreek-e-Insaf (PTI) chairman is unlikely to walk of out jail today (29 August). A special court in Islamabad has directed jail authorities at Attock prison to keep Khan in detention in the cipher case and produce him in court on 30 August, Al Jazeera reported. He is reportedly facing over 100 cases since he was ousted from power in April 2022. What is the IHC’s verdict in the Toshakhana case? What is this case? Will the suspension of this case mark Imran Khan’s political return? Let’s take a closer look. Imran Khan’s sentence suspended As per Pakistan’s Dawn newspaper, a two-member bench of the Islamabad High Court announced its order today on Khan’s appeal against his prison sentence in the Toshakhana case. Khan’s lawyer Naeem Haider Panjotha confirmed the court’s verdict on X, formerly Twitter, saying the PTI chairman’s sentence was “suspended” and a “detailed decision would be provided later.” A heavy deployment of police and paramilitary Frontier Constabulary was seen around the IHC premises, reported The Express Tribune. Reactions After the verdict, Imran’s party demanded that their leader be released from jail today. A video shared by the PTI on X showed lawyers chanting “riha karo [release him]” outside the high court, according to the Dawn report. “The abuse of the law campaign against Imran Khan has sunk the country’s systems far enough. We cannot afford more,” PTI leader Taimur Khan Jhagra wrote on X.

کون بچائے گا پاکستان عمران خان عمران خان اسلام آباد ہائی کورٹ کے باہر وکلاء کے نعرے #سرخرو_ہوا_کپتان_ہماراpic.twitter.com/ZrwOKV5fNC

— Tehreek-e-Insaf (@InsafPK) August 29, 2023

Speaking to Al Jazeera, PTI spokesperson Sayed Zulfiqar Bukhari called for Khan’s immediate release, saying no “misadventure” should happen now. “We are extremely happy and overjoyed that Khan got the bail and has been ordered to be released. His safety and bringing him back home is our number one priority”. “Our only concern is to get him home safely and that no misadventure is tried by the authorities outside Attock prison. If something like that happens, it will only further weaken the judicial system and rule of law in the country,” Bukhari added. Condemning the IHC’s order, former Pakistani prime minister Shehbaz Sharif pointed out that Khan’s conviction was only “suspended” and not “terminated”.

لاڈلے کی سزا معطل ہوئی ہے ختم نہیں ہوئی۔ چیف جسٹس کا "گُڈ ٹو سی یو" اور "وشنگ یو گڈ لک" کا پیغام اسلاآباد ہائی کورٹ تک پہنچ گیا۔ فیصلہ آنے سے پہلے ہی سب کو پتہ ہو کہ فیصلہ کیا ہوگا تو یہ نظام عدل کے لئے لمحہ فکریہ ہونا چاہیے ۔ اعلی عدلیہ سے واضح پیغام مل جائے تو ماتحت عدالت یہ نہ…

— Shehbaz Sharif (@CMShehbaz) August 29, 2023

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“When everyone knows what the decision will be before it is announced, it should be a matter of concern for the justice system. If a clear message is delivered by a higher court, what other choice does a subordinate court have,” Sharif wrote in Urdu on X, as per Al Jazeera. ALSO READ: Imran Khan faces new legal battle: Missing cypher case, explained The Toshakhana case After the Election Commission of Pakistan (ECP) filed a criminal complaint against Khan, a case was registered against him by the then-Sharif-led Pakistan government. The case alleged that Khan had “deliberately concealed” details of the gifts he received from foreign dignitaries during his tenure as the prime minister from 2018 to 2022. The Toshaskhana is a repository where gifts acquired by Pakistani government officials from foreign officials are kept, according to Dawn. Khan, during his three-and-a-half-year tenure as the Pakistan premier, reportedly earned Rs 36 million by ‘illegally’ selling three watches to a local watch dealer that were gifted to him by foreign dignitaries visiting from friendly Gulf nations. [caption id=“attachment_13054392” align=“alignnone” width=“640”] Imran Khan is facing over 100 cases since he was ousted from power in April 2022. Reuters File Photo[/caption] As per a Geo News report last June, the then-prime minister earned millions of rupees from these luxury watches worth over Rs 154 million. The most expensive watch, valued at Rs 101 million value, was retained by Khan at 20 per cent of its value, as per reports. Under Pakistan’s law, any gift of a specific value received from foreign dignitaries must be kept in the Toshakhana. “However, an official is also allowed to keep these gifts provided he pays a certain percentage of the price assessed by the Toshakhana evaluation committee,” as per Dawn. Last October, the ECP declared the former premier guilty of corrupt practices, reported Geo News. On 5 August, a trial court in Islamabad sentenced Khan to three years in prison in the Toshakhana case. Days after his conviction, the election commission barred the PTI chairman from politics for a period of five years. What about Imran Khan’s political future? It must be noted that Khan’s conviction has been suspended but he is not acquitted in the Toshakhana case yet. Legal experts say that Khan’s political future is uncertain until the court provides a detailed verdict. National elections are due by November in Pakistan. However, as per media reports, they are likely to be postponed by months. Barrister Asad Rahim told Dawn, “Conviction means you have been held responsible in the eyes of the law. So only when you are completely acquitted in an appeal does it” end the disqualification. Lawyer Mian Dawood told Al Jazeera, “The main appeal against his three-year imprisonment is yet to be decided. If Khan does get acquittal, and not merely a suspended sentence, only then he will be able to contest the election". Dawood added that courts do not grant blanket bails to the accused “in any case registered against them.” Moreover, the high court’s order can be challenged in the Supreme Court. PTI’s new appeal in IHC Earlier today, PTI filed a fresh petition before the IHC, seeking to stop authorities from further “illegal and unjustified arrest” of Khan. As per Dawn, the plea mentions the cipher case, where the PTI chairman has been booked under the Official Secrets Act for allegedly misusing confidential diplomatic cable, as one of the FIRs where Khan is seeking protection from arrest. The plea states that Khan will “suffer irreparable loss in case he is arrested for another offence, which he has not committed”. With inputs from agencies