Bench issues ECP notice, dismisses Punjab pleas after revocation, seeks verdict in cipher appeal
ISLAMABAD:
The Supreme Court of Pakistan on Wednesday heard three cases concerning former prime minister Imran Khan – an appeal in the Toshakhana case, the cipher case and a defamation case – and adjourned all proceedings indefinitely.
A three-member bench headed by Justice Hashim Khan Kakar conducted the hearing.
“The courtroom has limited space,” Justice Kakar said at the outset. “I can feel a shortage of oxygen in this room,” he remarked. “We will hear your cases in court number 2,” he told Khan’s lawyer, Barrister Salman Safdar.
Leaders of the opposition alliance Tehreek-e-Tahafuz-Ayeen-e-Pakistan, who had been staging a sit-in in Islamabad, attended the proceedings.
Several political leaders and lawyers arrived at court, including opposition leaders Mahmood Khan Achakzai and Raja Nasir Abbas, PTI Chairman Barrister Gohar Ali Khan, Khyber-Pakhtunkhwa Chief Minister Sohail Afridi, Noor-ul-Haq Qadri and Barrister Ali Zafar.
Ahead of the hearing, Afridi met Khan’s sisters. They discussed his health, court matters and related challenges.
During the hearing of the Toshakhana appeal, Khan’s lawyer Latif Khosa inadvertently cited a Supreme Court judgment that appeared to undermine his own argument. The case concerns whether the PTI founder can contest elections while his Toshakhana case is pending.
A special court on December 20 sentenced Khan and his wife Bushra Bibi to 17 years in prison each in the Toshakhana-II case over allegations they unlawfully retained a Bulgari jewellery set gifted by the Saudi crown prince.
Khosa told the court the sentence had been suspended but the final decision had not been delivered. “Because the case had no decision, the elections were blocked, even though the sentence had been suspended,” he said.
Justice Kakar asked, “Has a decision been issued on your appeal?” Khosa replied their appeal was still pending.
Addressing suspended sentences, the judge said, “If a sentence is suspended in any appeal, there should be no obstacle. Similarly, there should be no restriction in elections. If a sentence is suspended, will the person remain in jail or be free?”
Khosa replied the person would be free.
“In the Toshakhana case, the PTI founder’s three-year sentence was suspended, but the decision has not been suspended,” the lawyer argued.
“This does not make sense,” Justice Kakar responded, adding that if the sentence is suspended, the decision should also be suspended. He asked Khosa to read the relevant order of the Islamabad High Court.
After Khosa read the paragraph, the judge smiled and said, “Latif Khosa, you only requested the suspension of the sentence from the high court. The court granted the relief you asked for. You have already been given the relief you sought.”
Khosa then cited a 2019 Supreme Court judgment. Justice Kakar replied, “Read paragraph 13 of the judgment you are referring to. In that decision, both the sentence and the verdict were suspended. Latif Khosa, you have brought a judicial decision against yourself.”
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The courtroom erupted in laughter as the judge added, “It seems your glasses have become weak. We were giving you the floor to listen to the Election Commission of Pakistan. The judicial decision you cited against yourself, we will follow. Alright, never mind. Let us consider that the decision you referenced is not before us. Besides, what election is going to happen in a month or two?”
Khosa said the discussion concerned PTI intra-party polls. Justice Kakar replied, “We have a living, breathing PTI chairman sitting before us.”
The court rejected Khosa’s request to meet his client. “You have taken the suo motu notice authority upon yourself,” Justice Kakar said. “How can we order a meeting in a criminal case?”
Justice Salahuddin Panhwar added that the bench could not issue orders in a case not fixed before it. Justice Kakar also told lawyers not to make political statements in court and to take debates to parliament. Smiling, he said, “Alright, you have made your point; now the tickers will run and the vlogs will be created as well.”
The court issued a notice to the Election Commission of Pakistan in the Toshakhana matter and adjourned proceedings indefinitely.
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Meanwhile, a government lawyer said Punjab authorities had decided to withdraw appeals against bail granted to Khan and Bushra Bibi. “The instructions I received were to withdraw appeals against bail,” counsel told the bench. The court dismissed the pleas.
In the cipher appeal, the court adjourned proceedings indefinitely after prosecutors said no detailed verdict had been submitted. In December 2024, a special court under the Official Secrets Act sentenced Khan and former foreign minister Shah Mahmood Qureshi to 10 years in prison in the case involving a diplomatic document that, according to the Federal Investigation Agency charge sheet, was never returned.
The prosecutor general told the court, “We have not submitted the detailed verdict in this case. We request time to submit the detailed judgment.” The bench granted time and adjourned the matter.
During the hearing, Justice Kakar asked Barrister Salman Safdar, “Salman Sahib, what are you doing?” Safdar replied he was present but had not received notice. The judge said, “If you wish, we can issue notice to you. However, it is not yet determined whether the appeal is maintainable or not.”
The court also heard arguments in a defamation case involving Prime Minister Shehbaz Sharif and Khan. Khan’s lawyer said, “The trial for the defamation case is conducted by the District Sessions Court. Here, the trial was conducted by the Additional Sessions Court. We have challenged its jurisdiction to hear the case.”
The bench issued notice to Sharif’s lawyer Mustafa Ramday and adjourned the hearing indefinitely.
