By Staff Reporter
ISLAMABAD: Former prime minister and opposition leader Imran Khan won a reprieve from a three-year prison sentence on Tuesday, when the Islamabad High Court suspended his conviction in a corruption case involving state gifts.
But Khan’s legal troubles are far from over. He remains in custody at a jail in Attock, a city about 50 miles northwest of Islamabad, where he faces another trial on Wednesday under the Official Secrets Act for allegedly losing a sensitive diplomatic document.
The high court’s decision was welcomed by Khan’s supporters, who gathered outside the court and chanted slogans for his release. His party, the Pakistan Tehreek-e-Insaf (PTI), called the ruling a “victory of justice” and demanded that Khan be freed immediately.
Khan’s lawyers said the corruption case against him was politically motivated and lacked evidence. They also accused the authorities of violating his rights by arresting him in the secrets case without informing them and transferring him to Attock jail without proper security.
“The government is using all kinds of tactics to harass and intimidate Imran Khan,” said Gohar Khan, one of his lawyers. “They are afraid of his popularity and his challenge to their rule.”
Khan, who led the country from 2018 to 2022, was convicted of selling luxury vehicles and gifts from foreign leaders while in office, in a case known as the Toshakhana case. He was sentenced to three years in prison.
Khan, a former cricket star, was ousted from power in a parliament vote moved by the alliance of political parties led by Pakistan Muslim League-Nawaz.
Later Khan was disqualified from holding public office for life by the Election Commission of Pakistan (ECP), which accused him of concealing details of state gifts he received from foreign leaders during his tenure.
The ECP alleged that Khan had failed to mentioned earnings from the gifts, which included luxury cars and watches, he allegedly sold some of them in the market at low prices, as required by law.
In August, a trial court in Islamabad convicted Khan of corruption and sentenced him to three years in jail. The verdict also barred him from contesting general elections for five years.
Khan appealed the conviction in the high court, which suspended his sentence on Tuesday pending a final decision on his appeal. The court noted that the sentence was “short” and that the arguments raised by both sides involved “a deeper appreciation of the matter” that could not be decided at this stage.
The court ordered Khan to be released on bail after furnishing bonds worth Rs100,000 with one surety of the same amount.
But Khan’s freedom was short-lived. He was taken back to Attock jail, where he faces another trial on Wednesday under the Official Secrets Act, a colonial-era law that carries a maximum penalty of 14 years in prison.
The secrets case relates to a diplomatic document that reportedly went missing from Khan’s possession. The PTI claims that the document contained a threat from the United States to oust Khan from power after he visited Russia oin the eve of Moscow’s attack on Ukraine.
A special court set up to hear cases under the Official Secrets Act has directed the Attock jail authorities to keep Khan in “judicial lockup” and produce him before it on Wednesday.
A notification issued by the law ministry said that the interior ministry had conveyed security concerns to it in a letter on Tuesday and that it had “no objection” to Khan’s trial being held at Attock jail.
Khan’s lawyers said they were not informed about his arrest or transfer to Attock jail and that they were denied access to him. They said they would challenge these actions in court and seek his bail in the secrets case as well.
“This is a clear violation of Imran Khan’s fundamental rights,” said Muhammad Shoaib Shaheen, another lawyer for Khan. “This is a manipulation of justice and an attempt to silence him.”
The PTI is also facing legal action against its vice chairman and former foreign minister Shah Mahmood Qureshi, who is accused of involvement in the secrets case. Qureshi has denied the charges and said he is ready to face any accountability process.
“The high court has fulfilled the requirements of justice,” said Barrister Ali Zafar, a senior lawyer of Khan’s party, the Pakistan Tehreek-e-Insaf (PTI), or Movement for Justice. “The Toshakhana case is baseless and there is no greater [example of a] mistrial than this.”
Zafar added that the bail order only suspended Khan’s sentence and that he would continue to challenge his conviction in the Supreme Court.
Raoof Hasan, the PTI information secretary, hailed Khan’s release as a “historic moment” and a “victory of justice”. “We are fortunate to be witnessing the re-scripting of Pakistan’s political and legal history,” Hasan said. “Justice shall prevail.”
However, Khan’s main political rival, the PML-N, expressed its displeasure with the court’s decision. PML-N president and former prime minister Shehbaz Sharif said Khan’s sentence had been suspended and “not terminated”.
Sharif accused the higher judiciary of being biased in favor of Khan and influencing the lower courts. He referred to a comment “good to see you” and “wish you good luck” made by the Chief Justice of Pakistan Umar Atta Bandial for Khan during his previous arrest in May this year.
“The Chief Justice of Pakistan’s message has reached the Islamabad High Court,” Sharif said. “Everyone knew about the verdict before it was even announced.”
Sharif said that the court’s decision was a matter of concern for the country’s justice system and democracy. “If a clear message is received from the higher judiciary, what else should the subordinate court do?” he asked.
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