Top court returns Imran Khan's appeal against Toshakhana conviction

• The appeal could be refiled with all the relevant documents.
• Latif Khosa has filed appeal under Article 185 of Constitution.
• PTI founder is accused of misusing office of prime minister.

ISLAMABAD: The Supreme Court (SC) Registrar Office returned the Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s appeal challenging his conviction in the Toshakhana case.

The SC office raised objections to the appeal saying the documents attached to the appeal were incomplete. The appeal could be refiled with all the relevant documents on January 6, it added.

PTI founder’s lawyer Sardar Latif Khosa filed the appeal under Article 185 of the Constitution.

The former prime minister was sentenced to three years in prison and imposed 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. Following his conviction, Khan was disqualified from holding any public office for five years. 

The PTI founder Saturday petitioned the SC against the Islamabad High Court’s (IHC) order in the Toshakhana case as part of his efforts to overturn the conviction in the case to contest the general elections scheduled for February 8, 2024. 

The IHC had dismissed the PTI supremo's plea seeking suspension of the trial court’s verdict in the Toshakhana case.

In his plea filed in the IHC — the same court that had suspended his sentence — Khan had sought to nullify the conviction.

In the fresh petition, Khan appealed the IHC's verdict to be stayed, stating that his sentence in the Toshakhana case had already been suspended.

He contended that he is being denied his fundamental right to contest elections due to the suspension of only his sentence instead of the entire order of conviction by the trial court, which bars him from running for office.

The IHC's two-member bench had on December 21 turned down Khan's request for the suspension of his conviction, which would have paved the way for his eligibility to stand in elections. 

What is the case?

Under the rules governing Toshakhana — a Persian word meaning "treasure house" — government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.

The Toshakhana has been under a microscope ever since the emergence of the allegations that Imran 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.