Situationer: Imran’s legal battles ‘far from over’

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FOLLOWING the acquittal of Imran Khan and Bushra Bibi in the Iddat case, NAB came into action and re-arrested the couple in another case related to Toshakhana gifts.

The NAB’s move was widely anticipated given the government’s stance on the relief that the PTI’s founding chairman and his spouse have been getting from courts in various cases.

According to legal and political experts, a couple of key ministers had already hinted at the government’s intentions to keep Mr Khan under detention for next five years, raising concerns over the justice system and the extent of political influence in legal proceedings.

Recently, the PTI leaders protested over the remarks of prime minister’s adviser Rana Sanaullah and Planning Minister Ahsan Iqbal when they categorically declared that Mr Khan’s detention was in the country’s interest.

While reacting to Mr Khan’s relief in multiple cases, including cipher, Rana Sanaullah reportedly stated that new cases would be lodged against Imran Khan in the coming days. In one of the TV shows, he said the PTI founder’s release was not dependent on the Iddat case verdict. Similarly, talking to the reporters in Lahore on June 15, Mr Iqbal stated that Mr Khan’s detention for next five years was necessary to bring economic stability.

“People come to us and tell us if Pakistan has to progress then Imran Khan will have to be kept in jail for five years,” he had said, adding that Imran Khan was an “angry man” and it was not known with whom he had a quarrel.

The PTI members had lodged a strong protest in the National Assembly over Mr Iqbal’s statement, terming it an attempt to influence and dictate the judiciary.

In its verdict, the court stated that the couple be released “if not required to be detained in any other case”.

However, the government, which appears to have pre-emptively registered a slew of cases against Mr Khan ensuring his continued detention, immediately brought NAB into action.

Though, Mr Khan’s legal team has filed the petitions seeking bails of the couple, it is not hopeful of their early release. NAB is expected to produce them before an accountability judge to seek their physical remand. Under the law, NAB can detain a person for 40 days on remand.

The new NAB reference accuses the couple of selling seven expensive watches after taking them from Toshakhana in violation of rules.

The petitions filed by Mr Khan’s lawyers point out that he has already been convicted in the Toshakhana reference and this matter is an offshoot of the same case, therefore, investigation into similar matters is tantamount to political victimisation. The PTI’s legal team had already challenged the NAB’s call up notices before the Islamabad High Court which is being heard by a division bench.

A member of Mr Khan’s legal team Khalid Yousaf Chaudhry told Dawn that the prosecution of NAB took a different stance before the IHC as they intended not to make arrest in this case. He said though Mr Khan and Bushra Bibi had been arrested and NAB would seek their remand, the legal team would approach IHC for their immediate release.

Mr Khan has been nominated in over 80 cases. After the dismissal of his post-arrest bail in connection with the FIRs registered on May 9, 2023 over violent protests by the Lahore’s ATC, his legal team fears Mr Khan could face arrests in all the three FIRs. ATC Judge Khalid Arshad on July 9 dismissed Mr Khan’s pre-arrest bail petitions in three cases regarding the May 9 riots.

Since August 2023, Mr Khan was convicted in four cases, including the Iddat case, and in all these cases, he has got relief. The first conviction he faced was on the complaint of the ECP for concealing details of state gifts. On August 5, ADSJ Humayun Dilawar convicted Mr Khan and awarded three years’ jail term. However, the IHC suspended the sentence.

Later, the Special Court (Official Secrets Act) convicted Mr Khan in the cipher case on Jan 30 and sentenced him to 10-year imprisonment. The IHC last month acquitted him in this case.

His third conviction came when an accountability court declared him and his spouse guilty of taking expensive jewellery set at a throwaway price and selling them in huge profit and handed them 14-year imprisonment each. On April 1, the IHC also suspended this sentence. Mr Khan and Bushra Bibi are also being tried in GBP190m corruption reference. They have secured bail in this case.

Published in Dawn, July 14th, 2024

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