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Pakistan: Another blow for Imran Khan as High Court rejects his plea against Toshakhana conviction

Imran's plans in the general elections hang in balance as the Election Commission of Pakistan (ECP) had earlier disqualified him for five years, finding him guilty of corrupt practices and his trial court conviction. The elections will be held in February 8, 2024.

Aveek Banerjee Edited By: Aveek Banerjee @AveekABanerjee Islamabad Published on: December 21, 2023 21:15 IST
Former Pakistan Prime Minister Imran Khan
Image Source : AP Former Pakistan Prime Minister Imran Khan

Pakistan's incarcerated former Prime Minister Imran Khan suffered another setback as the Islamabad High Court (IHC) rejected his plea seeking the suspension of a trial's court verdict convicting him in the Toshakhana corruption case. The former Pakistan Tehreek-e-Insaf (PTI) chief was sentenced to three years in prison and a fine of Rs 100,000 by the Additional District and Sessions court in August.

Imran 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, reported Geo News. He was convicted of misusing his position as prime minister to sell state gifts worth more than Rs 140 million that he received from foreign dignitaries during his tenure as PM.

With this development, Imran's plans in the upcoming general elections hang in balance as the Election Commission of Pakistan (ECP) had earlier disqualified him for five years, finding him guilty of corrupt practices and his trial court conviction.

It is important to mention that the IHC suspended the Toshakhana sentence on August 28, but the former PM remained in jail due to ongoing proceedings for the cipher case. His conviction and disqualification remain intact until the court decides on the appeal.

Imran's chances of contesting the Feb 8 elections were dealt another blow after a Pakistani court indicted him on charges of leaking state secrets. Khan had used that document to build a narrative that his government was ousted as a result of a foreign conspiracy. The hearing of the case was held at the Adiala jail in Rawalpindi by special court judge Abual Hasnat Zulqarnain. 

What is the Toshakhana case?

The Toshakhana case was filed by ruling party lawmakers in 2022 in the ECP, alleging that Khan concealed the proceeds from the sale of state gifts. The ECP first disqualified Khan and then filed a case of criminal proceedings in a sessions court which convicted him and subsequently, Khan was sent to jail.

The case alleges that Khan had “deliberately concealed” details of the gifts he retained from the Toshakhana - a repository where presents handed to government officials from foreign officials are kept - during his time as the prime minister from 2018 to 2022 and proceeds from their reported sales.

According to reports, Khan received 58 gifts worth more than Rs 140 million from world leaders during his three-and-a-half-year stint and retained all of them either by paying a negligible amount or even without any payment.

Imran Khan in general elections

According to Dawn, current PTI chairman Gohar Khan said that Imran would contest the upcoming general elections from three constituencies of Lahore, Mianwali and Islamabad. The former PM had asked all party workers to file their nomination papers, Gohar said, adding that the decision to allot party tickets would still be taken by the former premier. 

Imran had also challenged his five-year disqualification by the Election Commission of Pakistan (ECP) ahead of the general elections. His lawyers called for declaring the electoral watchdog's August notification as "unlawful, illegal and unconstitutional."

Imran's petition also claimed that the disqualification notification without issuing any notice to the petitioner or without hearing the petitioner’s side, terming it a violation of justice. “It only demonstrates the undue and unlawful haste and zeal of the respondent (ECP) to eliminate the petitioner (Imran) and his political party from the forthcoming general elections,” it read.

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