Daily Times

The Islamabad High Court (IHC) suspended on Monday former premier Imran Khan and his wife Bushra Bibi’s sentences in the Toshakhana case.

The decision came as the high court heard the ex-premier and his wife’s appeals against the sentences.

At the outset of the hearing, IHC Chief Justice Aamer Farooq asked whether the appeal was scheduled for hearing today. The judge then remarked that the court would not hear the appeal today, asking the parties to argue the suspension of the sentence instead.

However, PTI’s counsel Barrister Ali Zafar said he would argue the appeal instead of the suspension. At this, the judge observed that the cypher case conviction appeal was scheduled for tomorrow; it will be wrapped up soon. “We cannot hear the Toshakhana case today, and schedule it for tomorrow,” he stated. Justice Farooq further observed that the Federal Investigation Agency (FIA) is to begin its arguments in the cypher case, and “we don’t know how long they will take”. The judge maintained that the court would schedule the hearing of the Toshakhana case after Eid.

Justice Miangul Hassan Aurangzeb inquired from the National Accountability Bureau’s (NAB) prosecutor regarding his stance on the sentence being suspended. In reply, the prosecutor stated that the verdict had been looked into and it was a case of suspension of sentence. The court commended NAB on the stance taken and expressed its appreciation.

The counsel for the PTI founder prayed to the court to not only suspend the sentence but also suspend the verdict in the case. However, Justice Miangul stated that the matter of the verdict itself was under review at the apex court. Later, the IHC suspended the sentence in light of the NAB’s stance that the decision pertained to suspending the sentence. Separately, the IHC allowed on Monday a meeting between incarcerated former premier Imran Khan and his wife Bushra Bibi over Eidul Fitr.

The court heard a plea by the former first lady pertaining to her transfer to Adiala jail and meeting her husband in prison over Eid. The court directed that the two should be allowed to meet over the occasion and additionally allowed a meeting per week between the two. Justice Miangul Hassan Aurangzeb observed that the government holds the right to declare any private property as sub-jail.

The state counsel informed the court that, according to its directive, the director of law conducted an inspection of Bani Gala sub-jail and subsequently submitted a report.

The court instructed the counsel to furnish a copy of the report to the petitioner, stating that the visiting officer of Bani Gala sub-jail had expressed satisfaction with the facilities provided. Justice Miangul expressed displeasure at the jail administration of Adiala jail for not permitting Bushra to meet Imran and for not transferring the PTI founder’s wife to Adiala Jail. Justice Miangul raised concerns regarding the alleged overcrowding in Adiala jail and highlighted that despite claims of overcrowding, “since the January 31 sentence, 141 women were admitted”.

The court criticized the justification given for not transferring Bushra Bibi, asserting that it lacked coherence in light of the ongoing admissions. Justice Miangul also admonished the administration for its failure to satisfy the court’s concerns and observed that they undermined the rule of law. The hearing was then adjourned indefinitely.