Imran Khan's fate to run in polls unclear as plea against Toshakhana case verdict dismissed

• The instant application is not maintainable: high court. 
• Says Imran Khan's fresh plea is akin to bail application.
• In August, IHC had partially suspended Khan's sentence. 

In another blow for incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan ahead of the upcoming general elections, the Islamabad High Court (IHC) on Thursday dismissed his plea seeking suspension of the trial court’s verdict in the Toshakhana case.

The former prime minister had moved the IHC for rectification of its August 28 order, by way of suspension of the judgment on August 5 passed by the trial court.

In August, Khan was sentenced to three years in prison and a fine of Rs100,000 by Additional District and Sessions Judge (ADSJ) Humayun Dilawar on August 5, 2023, after the judge found Khan guilty of graft in the Toshakhana case.

He has been convicted of misusing his position as prime minister to sell state gifts worth more than Rs140 million ($490,000) that he received from foreign dignitaries during visits abroad.

Following his conviction in the case, the Election Commission of Pakistan (ECP) disqualified the former PM for five years. In a notification, the electoral watchdog stated that the PTI chief was disqualified after being found guilty of corrupt practices under Section 167 of the Elections Act, 2017 and his sentencing for three years.

“As a consequence, Mr Imran Ahmed Khan Niazi has become disqualified under Article 63(1)(h) of the Constitution of the Islamic Republic of Pakistan read with Section 232 of the Elections Act,2017,” the notification added.

The IHC, however, on August 28, suspended the PTI supremo’s sentence awarded to him in the Toshakhana case but his conviction and disqualification remain intact until the court decides on the main appeal.

The PTI chief moved the IHC seeking complete suspension of the trial court’s verdict in the case.

In a nine-page detailed verdict, a two-member bench of the IHC comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri stated: “In the instant case, no specific plea was raised and subsequent application has been made to cover up the omission. Even no extraordinary or exceptional circumstances were mentioned in the earlier application though they existed in the form of the notification dated 08.08.2023 when the application for suspension of the sentence was filed.”

The case

The Toshakhana has been under a microscope ever since the emergence of the allegations that Khan purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.

The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).

The gifts included watches given by a royal family, according to government officials, who have alleged previously that Khan's aides sold them in Dubai.

Moreover, seven wristwatches, six made by watchmaker Rolex, and the most expensive a "Master Graff limited edition" valued at 85 million Pakistani rupees ($385,000), were also among the gifts.

A reference was forwarded by National Assembly Speaker Raja Pervez Ashraf to the Election Commission asking it to probe the matter.

In October 2022, the electoral body declared the former premier guilty of corrupt practices.