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| On what basis can Imran Khan get relief in the Tosha Khana case and will he be able to go home? |
The hearing of former Prime Minister Imran Khan, imprisoned in Attock Jail, on the suspension of sentence in the Tosha Khana case will be held in the Islamabad High Court today, before which his lawyers are hopeful that he can be released soon.
The possibility apparently arose when Supreme Court Chief Justice Umar Atta Bandial on Wednesday pointed out flaws in the trial court's verdict while hearing a plea against it.
One thing is clear that the legal challenges facing Imran Khan in jail have increased. For example, on Wednesday, an anti-terrorism court in Lahore allowed the joint investigation team to arrest and interrogate Imran Khan in the May 9 arson case.
This month, the Federal Investigation Agency (FIA) has registered a case under the Official Secrets Act against the Chairman Tehreek-e-Insaaf in the case of missing cipher. In this regard, a special court in Islamabad handed over former foreign minister Shah Mehmood Qureshi to FIA on four-day physical remand.
Meanwhile, in several other cases, his security bail has been dismissed on the ground of non-compliance. As the Accountability Court of Islamabad rejected his pre-arrest bail application in the 190 million pound scandal.
What objection was raised by the Supreme Court on the decision of the Tosha Khana case?
On August 5, the District Court of Islamabad convicted the Chairman Tehreek-e-Insaf in the Tosha Khana case and sentenced him to three years in prison and a fine of Rs. Additional Sessions Judge Humayun Dilawar wrote in his judgment that Imran Khan did not declare the gifts as assets, which shows his malice.
However, Tehreek-e-Insaf's lawyers allege that Judge Humayun Dilawar hastily gave this decision and denied the right to defense by not hearing the witnesses.
In the petition filed in the Supreme Court, he raised objections about the trial court not giving the right to defense and the proceedings of the case.
During Wednesday's hearing, Chief Justice Umar Atta Bandial, the head of the three-member bench of the Supreme Court, remarked that "in retrospect, there are errors in the trial court's decision."
On the decision of Additional Sessions Judge Humayun Dilawar, the Chief Justice remarked that the trial court gave a decision in a single day which was not correct, there are flaws in the decision of the trial court.
Justice Jamal Mandukhel, who was included in the bench, remarked that if the accused does not present any witness himself, the court can summon the witnesses. (In this case) no time was given to present the witnesses.
During the hearing, Amjad Parvez, the lawyer of the Election Commission, took the stand that the trial court had given the accused three opportunities before the verdict. The trial court decided the Tosha Khana case on the absence of the accused.
Justice Mazahar Ali Akbar Naqvi, who was included in the bench, asked how the trial court decided the Tosha Khana case without the right of defence. In any court of the country, the case is not decided without the right of defense to the accused in a criminal case. Why was there such a rush to decide the Tosha Khana case?
However, the Chief Justice said that the bench will not interfere in the matter until the decision of the High Court.
On what basis can Imran Khan get relief and can he be released?
If the High Court suspends the sentence of Imran Khan in the Tosha Khana case on Thursday, can he be released, journalist and analyst Naseem Zahra told BBC that after seeing the remarks of the Chief Justice of the Supreme Court, it seems That Imran Khan might get relief in this case.
However, she says that there are other cases against the Chairman Tehreek-e-Insaaf. ATC approved his arrest yesterday in the May 9 case, similarly there is also the case of Cipher.
Advocate Shah Khawar told the BBC that it is easier to get bail if the sentence is shorter.
They say that their case is that they were not heard, due process was not done in the court and the witnesses did not appear. It will be pleaded on the ground that the sentence is less so it should be suspended and they should be released on bail.
However, in his opinion, it is apparently difficult for Imran Khan to come out of jail despite the suspension of his sentence because the FIA has arrested him in Attock jail and is interrogating him.
It should be noted that in both cases of arson and cipher disappearance on May 9, the law enforcement agencies have investigated Imran Khan, while in many other cases his security bond has been canceled on the basis of non-compliance.
Shah Khawar says that if his release in the Tosha Khana case is implemented, he will still be arrested in other cases.
Naseem Zehra is also of the same opinion that apparently relief can be found in this case but release from Attock Jail is not possible.
In such a situation, the question also arises whether Imran Khan will remain imprisoned in Attock Jail or he will be transferred to another jail during other trials.
On this, legal expert Shah Khawar said that it will be decided by the interior department whether Imran Khan will be kept in Attock jail for security reasons or will be transferred to another jail.
He said that a convicted person can be kept in any jail. In case of suspension of sentence, since the FIA case is registered in Islamabad, they can be brought to Adiala Jail in Rawalpindi or else they can be jailed.Yel trial can be done.
Shah Khawar said that there is also a possibility that Imran Khan's jail trial in the cipher case should be conducted in Attock Jail due to security reasons.
However, in the opinion of Shoaib Shaheen, former president of the Islamabad High Court and a member of the core committee of Tehreek-e-Insaf, Imran Khan should be released if the sentence is suspended.
He said during his press conference that Imran Khan went to jail because of the Tosha Khana case and his bail was canceled on the basis of non-compliance in the rest of the cases.
In principle, when they are released in this case, they will be given time to get bail in other cases as well. But what the government does in this country, we do not know the next moment.
On the other hand, former Special Assistant on Law Attaullah Tarar has said that Imran Khan is not seen to be released despite the suspension of sentence in the Tosha case. He said that the FIR in the cipher case was filed later, while Imran Khan's lawyers filed a bail application on his instructions. They say that Imran Khan is on judicial remand till August 30 in this case.
Meanwhile, Barrister Gauhar Khan, who is part of Imran Khan's legal team, is hopeful that the High Court will suspend the verdict against the former prime minister and release him. He says that his arrest in various cases is nothing more than political revenge.
Speaking to reporters outside the court, Gauhar Khan said bail in other cases would be "a matter of one, one day."