Tshakhana case: Islamabad HC suspends Khan's 3 year jail term

Islamabad: The Islamabad High Court on Tuesday suspended Imran Khan's three-year sentence in the Toshakhana corruption case and ordered his release from jail, in a major relief to Pakistan's embattled former prime minister ahead of the upcoming general elections.

A division bench comprising Islamabad High Court (IHC) Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri announced the much-anticipated verdict which was reserved on Monday.

"Decision of District Court (has been) suspended by IHC," Khan's party - Pakistan Tehreek-e-Insaf (PTI) - said in a short WhatsApp message.

The court said that a copy of the judgement will be available shortly. "The copy of the judgment will be available shortly … all we are saying now is that (Imran's) request has been approved,” Justice Farooq said.

The bench also ordered to release the 70-year-old leader on the production of surety bonds worth Rs100,000. Khan's legal counsel Naeem Haider Panjotha posted on X, formerly Twitter: "The CJ has accepted our request, suspended the sentence and said a detailed decision would be provided later."

Khan's sentence has been suspended but he was not being released as a special court holding his trial in the Official Secrets Act directed the Attock Jail authorities to keep him in the “judicial lockup” and produce him on August 30 before the court in connection with the cipher case.

Former foreign minister Shah Mahmood Qureshi is already in custody in the same case. The case launched last week alleged that Khan and others were involved in the violation of the secret laws of the country.

The bench reserved the verdict on Monday after the rival lawyers concluded their arguments on the suspension of the conviction and three-year sentence handed down to Khan by Additional District and Session Judge, Islamabad, Humayun Dilawar on August 5 - a move that barred him from contesting general elections.

The former cricketerturned-politician was sentenced on charges of unlawfully selling state gifts acquired by him and his family during his 2018-2022 tenure.

He was also barred from politics for five years, preventing him from contesting an upcoming election. General elections are scheduled to be held in Pakistan within 90 days after the dissolution of the National Assembly, which was prematurely dissolved on August 10 by President Arif Alvi.

However, the polls are likely be delayed as the government has announced that the elections could take place only after a new census was completed and new constituency boundaries drawn.

The exercise could take about four months to complete and means that polls may be delayed till next year. The government's announcement had come on the same day when Khan was arrested after being sentenced to three years in prison for “corrupt practices".

Khan challenged his conviction within days and the IHC began a formal hearing on August 22. It adjourned the case on Friday after the lawyer representing the Election Commission of Pakistan (ECP) did not appear due to illness.

Khan's lawyer Latif Khosa completed his argument on Thursday, asserting that the verdict was given in haste and was full of shortcomings. He urged the court to set aside the sentence but the defence team demanded more time to complete its arguments.

His party welcomed the IHC verdict, with party Information Secretary Raoof Hasan saying that Khan's arrest in any other case after the suspension of his sentence in the Toshakhana case would be “ill-intentioned and mala fide”.

"We are fortunate to be witnessing the re-scripting of Pakistan's political and legal history,” he said, adding that “justice shall prevail”.

However former premier Shehbaz Sharif expressed its displeasure at the court's order saying that the sentence was suspended and "not terminated". (PTI)