ISLAMABAD – PTI incarcerated founder Imran Khan and his wife Bushra Bibi have turned to Islamabad High Court (IHC), asking for their sentences in the Toshakhana-2 case to be suspended, citing serious medical emergencies and alleged legal irregularities in the trial court’s verdict.
The petition, filed by Advocate Salman Akram Raja along with barristers Salman Safdar, Gohar Ali Khan, and Qausain Faisal Mufti, was lodged under Sections 426 and 561-A of the Criminal Procedure Code 1898. It seeks their immediate release until their criminal appeal can be heard.
The devleopment comes month after Special Court Central-I convicted the couple, sentencing them to 10 years in prison under Section 409 PPC for criminal breach of trust and imposing a fine of Rs16.425 million. In addition, both were handed seven-year prison terms under Section 5(2) of the Prevention of Corruption Act 1947.
The petition argues that being convicted under two separate laws for the same act violates the principle of double jeopardy under Section 26 of the General Clauses Act 1897, claiming that the trial court could have convicted them under only one provision.
Medical concerns form a major part of the plea. A report by Dr. Muhammad Arif of PIMS revealed that Imran Khan has suffered severe damage to his right eye, leaving him with just 15% vision, and that proper treatment is impossible in prison. The petition also references February 10, 2025 Supreme Court proceedings where Imran’s counsel acted as amicus curiae.
The petition further challenges the trial court’s designation of Imran as a “public servant” under Section 21 PPC, citing PLD 2024 SC 102 and Indian Supreme Court precedent. It argues that elected officials do not qualify as public servants for the purposes of Section 409 PPC. The petitioners insist that all Toshakhana gifts were deposited properly, with 50% of the value above the Rs30,000 exemption paid according to the Toshakhana Policy 2018.
Additional objections include treatment of Sohaib Abbasi as an approver, arguing that the mandatory procedure under Section 337 CrPC was ignored. It also contends that Syed Inamullah Shah, a material participant in the transactions, should have been named an accused rather than a routine witness, reflecting selective treatment and alleged mala fide intent.
The couple stressed that they remained on bail throughout the trial, fully complying with all court conditions. Their criminal appeal challenges substantial questions of law and fact, and with no immediate hearing scheduled, suspension of the sentences is deemed necessary to prevent a “manifest miscarriage of justice.”
Explained: What is Toshakhana 2 corruption case in which Imran Khan jailed for 17 years?
Toshakhana Case-2
In Toshakhana-2 case, a special court in Rawalpindi convicted Imran Khan and his wife Bushra Bibi for illegally retaining a luxury Bulgari jewellery set gifted by the Saudi crown prince.
Both were sentenced to 17 years in prison. 10 years under Section 409 of the Pakistan Penal Code and seven years under Section 5 of the Prevention of Corruption Act, 1947, and fined Rs16.4 million.
NAB alleged that during Khan’s tenure (2018–2022), the couple received 108 gifts from foreign dignitaries but failed to properly deposit this set in Toshakhana, the government repository for such gifts, and undervalued them at Rs5.9 million instead of their official Rs71 million price, causing a loss of Rs35.28 million to the national treasury.
The trial involved over 80 hearings at Adiala Jail, with formal charges filed in December 2024, following arrests and subsequent bail of both accused.
