Former Prime Minister Imran Khan and his wife, Bushra Bibi, have approached the Islamabad High Court (IHC) seeking suspension of their sentences in the Toshakhana-2 case. The petition cites medical emergencies and alleged legal irregularities in the trial court verdict.
The petition was filed by Advocate Salman Akram Raja along with barristers Salman Safdar, Gohar Ali Khan, and Qausain Faisal Mufti. It was lodged under Sections 426 and 561-A of the Criminal Procedure Code 1898. The plea requests their immediate release until the criminal appeal can be heard.
The development follows the conviction by Special Court Central-I last month. Both Imran Khan and Bushra Bibi were sentenced to 10 years in prison under Section 409 of the Pakistan Penal Code for criminal breach of trust. They were also fined Rs16.425 million. Additionally, the couple received seven-year terms under Section 5(2) of the Prevention of Corruption Act 1947.
The petition argues that convicting them under two separate laws for the same act violates the principle of double jeopardy under Section 26 of the General Clauses Act 1897. It claims the trial court should have applied only one legal provision.
Medical concerns form a key part of the plea. A report by Dr. Muhammad Arif of PIMS states that Imran Khan has severe damage to his right eye, with just 15% vision remaining. Proper treatment is reportedly impossible in prison.
The petition also challenges the trial court’s classification of Imran as a “public servant” under Section 21 PPC, citing legal precedents from the Supreme Court of Pakistan and India. It maintains that all Toshakhana-2 gifts were deposited correctly, with 50% of the value above the Rs30,000 exemption paid according to the Toshakhana Policy 2018.
Other objections include procedural issues with witnesses and approvers, and the selective treatment of material participants. The petition stresses that the couple remained on bail during the trial and complied with all court conditions.
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The plea argues that suspension of the Toshakhana-2 sentences is necessary to prevent a “manifest miscarriage of justice” before the criminal appeal is heard.
