Despite Toshakhana relief, Imran Khan to remain in jail in cipher case

There is no walking out of jail for Pakistan’s beleaguered former premier Imran Khan yet. A high court on Tuesday (August 29) suspended his three-year sentence in the Toshakhana corruption case and ordered his release from prison, but Khan will remain in prison in a separate case related to the alleged disclosure of state secrets.

A Division Bench comprising Islamabad High Court (IHC) Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri announced the much-anticipated reserved verdict to release Khan, leaving many to guess if it is a relief ahead of elections or just a stopgap arrangement to fix him in another case.

“All we are saying now is that (Khan’s) request has been approved,” Justice Farooq said, referring to the former premier’s appeal against his conviction and prison term.

Khan’s Pakistan Tehreek-e-Insaf (PTI) party said the decision of the district court on August 5 has been suspended by the high court.

The Bench also ordered the release of the 70-year-old former cricketer-turned-politician on the production of surety bonds worth Rs 100,000.

The cipher case

However, the former prime minister will continue to remain in prison, as a special court holding his trial in the Official Secrets Act directed the Attock Jail authorities to keep him in the “judicial lockup” and produce him on August 30 before the court.

The cipher case is related to a diplomatic document that allegedly went missing when it was in Khan’s possession. The case launched earlier this month alleged that Khan and others were involved in the violation of the secret laws of the country. His deputy and former foreign minister Shah Mahmood Qureshi is already in custody in the same case.

The high court Bench reserved the verdict on Monday after the rival lawyers concluded their arguments on the suspension of the conviction and three-year sentence handed down to Khan by Additional District and Session Judge, Islamabad, Humayun Dilawar on August 5 — a ruling that barred him from contesting general elections.

Khan was sentenced on charges of unlawfully selling state gifts acquired by him and his family during his 2018-2022 tenure. He was also barred from politics for five years, preventing him from contesting an upcoming election.

Can Imran now contest polls?

The main issue for supporters of the former premier is whether he would be allowed to lead the party in the forthcoming elections.

According to experts, it depends on settling the issue of his disqualification.

“He was disqualified by the Election Commission of Pakistan after conviction in the Toshakhana case, and the disqualification is not affected by mere suspension of sentence,” senior lawyer Irfan Qadir said in a TV interview.

He said the disqualification was linked with the decision of the appeal by Khan against conviction. Others believe that disqualification has also been suspended. “When sentence is suspended, the disqualification is also suspended,” lawyer Qauseen Raza said.

The matter may ultimately land in the high court or the supreme court of the country to decide if disqualification was suspended or not.

Elections in Pakistan

General elections are scheduled to be held in Pakistan within 90 days after the National Assembly was prematurely dissolved on August 9. However, the polls are likely to be delayed, as the government has announced that the elections could take place only after a new census is completed and new constituency boundaries are drawn.

The government’s announcement had come on the same day when Khan was arrested after being sentenced to three years in prison in the Toshakhana case, which was filed by ruling party lawmakers in 2022 in the ECP, alleging that Khan concealed the proceeds from the sale of state gifts.

Khan’s party welcomed the IHC verdict, with party Information Secretary Raoof Hasan saying that Khan’s arrest in any other case after the suspension of his sentence in the Toshakhana case would be “ill-intentioned and mala fide”.

However, former premier Shehbaz Sharif expressed its displeasure at the court’s order saying that the sentence was suspended and “not terminated”.

Last Wednesday, the apex court, after hearing various petitions in the Toshakhana case, observed that there were “shortcomings” in the judgment of the sessions court. The panel observed that the verdict was given in haste and without giving the right of defence to the accused. “Prima facie, there are shortcomings in the trial court verdict,” the chief justice said.