ISLAMABAD/LAHORE: A district and sessions court, on Saturday, sentenced Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan for three years in the Toshakhana case and police arrested him from his Zaman Park residence in Lahore.
Additional Sessions Judge Humayun Dilawar, while announcing its reserved judgment in the Toshakhana reference filed by the Election Commission of Pakistan (ECP) against the PTI chairman, declared the PTI chief guilty of corrupt practices and imposed a fine of Rs100,000 on him for concealing details of Toshakhana gifts.
According to the written orders of the court, since no body argued application filed by the accused questioning maintainability of complaint, hence on this score and on the basis of earlier findings in order dated May 5, 2023 and July 8, 2023 the said application is dismissed.
Toshakhana case: Imran arrested after sessions court sentences him to three years in prison
It says that vide my detailed judgment of today, consists upon 30 pages, this court finds it more than convincing that the complainant has produced confidence inspiring, well knitted and corroborated evidence, and so the charge against the accused has successfully been proven that accused has committed offense of corrupt practices by making and publishing false statements/declaration in respect of assets acquired by way of gifts from Toshakhana and disposed of during the years 2018-2019, 2019-2020 and making and publishing a false statement and submitting false and incorrect declaration in material particular relating to Form-B for the year 2020-2021.
“He has been found guilty of corrupt practices by hiding the benefits he accrued from national exchequer willfully and intentionally. He cheated while providing information about gifts he obtained from Toshakhana which later proved to be false and inaccurate”, the order says, adding that his dishonesty has been established beyond doubt.
The court order says that accordingly, the accused is convicted under section 174 of The Election Act 2017, and he is thus sentenced to three years simple imprisonment with fine of Rs100,000, and in case of default in its payment, he shall also suffer six months simple imprisonment.
The court also issued directives that a copy of the order should be sent to the Inspector General of Police (IGP) for the execution of the court orders.
A heavy contingent of police was deployed outside the court during the proceedings and only lawyers were allowed inside the courtroom. However, the PTI chief did not appear before the court.
Following Islamabad High Court’s orders on August 4, in which, the IHC directed the sessions court to rehear the PTI chief’s application regarding the maintainability of the case, the Additional Sessions judge adjourned the hearing of the case for Saturday at 8:30 am and summoned the PTI chief as well as counsel for final arguments.
At the start of the hearing at 8:30 am on Saturday, the judge expressed anger over the absence of Imran’s lawyers. The PTI chief’s lawyer, Khalid Yousaf, told the court the lead counsel, Khawaja Haris, is busy in the Accountability Court in another case and requested the court to adjourn the hearing till the arrival of Haris.
At this, the ECP’s counsel, Amjad Pervez, said that the court had not only ordered Haris to ensure his presence but also directed the PTI chief to appear before it. The judge said that the court adjourned the hearing of the case till 12:00 noon in the wake of the IHC order and if the PTI chief’s counsel did not argue till 12:00 noon court will reserve its verdict.
The court resumed hearing after 12:00 noon and inquired from ECP as anyone from PTI chief’s legal team appears before the court. The judge remarked PTI chief’s counsel Khawaja Haris did not appear before it after the fourth break, therefore, he is going to reserve the judgment. The judge remarked that he will announce his judgment at 12:30 noon.
Later, PTI chief’s counsel Khawaja Haris arrived at the district court and told the judge am I allowed to say something.
I am going to file a transfer application against you, he told the judge.
At this, the judge said that the allegation against Imran Khan in Toshakhana has been proven. The accused is found guilty of filing fake details. The court rejects PTI chief’s plea regarding the maintainability of the case. The court sentenced Khan to three years and imposed Rs100,000 fine against him.
The sentence of the PTI chief will be extended for another six months if he failed to deposit the fine.
Reportedly, Imran Khan has been taken to Attock Jail instead of Adiala Jail that was mentioned in his arrest warrants.
The Punjab police Saturday afternoon arrested former prime minister Imran Khan from his Zaman Park residence in Lahore.
After the court’s verdict, Imran stands disqualified from holding any public office for five years under Article 63(1)(h) of the Constitution.
The law states: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Parliament if he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.”
He, however, has the right to appeal the verdict. Unlike previous instances, where Zaman Park was usually guarded by party supporters, Imran was taken into custody without any major resistance. The PTI also confirmed this in its tweet that the party chief didn’t resist the arrest. It claimed that the Lahore police arrived at Imran’s residence to “kidnap” him even before the written verdict of the trial court was released. Talking about the case, it alleged that “every process from the beginning of the case to the trial and Imran’s abduction is illegal”.
In another tweet, the PTI alleged that the Punjab police “broke into” Zaman Park and “beat up” Imran’s security guards and house staff. “Even though Khan sahib expressed his willingness to go with the police, they still dragged him and covered his face with a cloth,” the party added. The PTI chairman’s arrest comes around three months after his first arrest on May 9 when he was detained in Islamabad from the high court’s premises in Al-Qadir Trust case. Imran’s arrest had resulted in widespread violence including attack on important military installations, on the basis of which the state had launched a severe crackdown against the PTI.
In a pre-recorded message shared on his Twitter a few hours after arrest, Imran said: “By the time this message reaches you, I will be in jail. In the wake of my arrest,” the PTI chief said, “I want you to continue peaceful protests and not to sit quietly inside your houses.”
Copyright Business Recorder, 2023
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