Daily Times

Supreme Court lawyer Hafiz Ahsaan Ahmad Khokhar has stated that the present criminal proceedings initiated for suspension of sentence under section 426 Crpc before the High Court was the offshoot of the proceedings initiated earlier on a reference file by PDM Parliamentarians before the Speaker of National Assembly seeking ousted PM’s disqualification as a member of the assembly as he failed to declare the money earned from the sale of the gifts in his statement of assets and liabilities, which all legislators are required to submit annually to the ECP under section 137 of Election Act 2017, and the Speaker forwarded the case to Elections Commission of Pakistan.

According to the legal expert, the matter decided by ECP on 21.10.2022 was though challenged by the former Prime Minister, but still the same is pending. He further said that the complaint about the Toshakhana case was initially raised against former Prime Minister Imran Khan on October 21 last year and he was formally indicted in this case on May 10., On 5 August 2023, the Islamabad trial court declared former Prime Minister Imran Khan guilty of “corrupt practices” under Section 174 of the Election Act in the Toshakhana case and sentenced him to three years in prison along with a fine of Rs. 100,000. Accordingly, further, ECP stands disqualified former Prime Minister under Article 63(H) of the Constitution after passing the judgment of the trial court.

He also explained that the sentence awarded in section 174 of Election Act 2017 by the trial court on 5th of August was later on challenged by former Prime Minister under section 410 of Crpc along with suspension of sentence application under section 426 of Crpc before the Isd High Court. According to the legal expert that suspension of sentence in short sentence cases is routine in the criminal justice system of Pakistan, and the Revisional or appellate courts ordinarily grant suspension in short sentences of trial courts which has been done in the instant case by Isd High Court, and one should not take it as extra ordinary relief, but the most important aspect of this case is that such suspension of sentence would not abate or finish the conviction of trial court, and earlier disqualification of two counts issued by ECP under two provisions of Article 63 (1) (p) and Article 63(H) of the Constitution, and fact resultantly would debar the former Prime Minister to contest the forthcoming election or to heading his party, which the case is also pending before ECP until both judgments would be set aside by High Court. He also explained that until the order of ECP dated 21-10-2022 and the judgment of the trial court dated 5-08-2023 would not be set aside by the High Court, he would remain disqualified for electoral politics in Pakistan in view of application of Article 63 (1) (p) and Article 63(H) of the Constitution.