Saturday, November 16, 2024 09:38 PM
NAB requests IHC to nullify sentences for Imran Khan and Bushra Bibi, citing trial flaws and rights violations.
In a significant development regarding the Toshakhana-I case, the National Accountability Bureau (NAB) has formally requested the Islamabad High Court (IHC) to nullify the sentences imposed on former Prime Minister Imran Khan and his wife, Bushra Bibi. This request comes as both individuals were sentenced to 14 years in prison and fined Rs1.54 billion in a case that has drawn considerable public and media attention.
During a recent hearing, NAB prosecutor Amjad Pervez expressed his disagreement with the trial's conduct, stating that the process was flawed and the sentences were announced inappropriately. He acknowledged that he had previously called for the suspension of these sentences. Barrister Ali Zafar, representing Khan and Bushra, sought exemption for his clients from appearing in person, to which Justice Aamer Farooq assured him that an order would be issued regarding this matter.
Barrister Zafar argued that the trial was conducted in a rushed manner, violating the fundamental rights of his clients. He pointed out that the right to cross-examination was curtailed, and Bushra Bibi's statement was recorded late at night, while Khan's statement was not recorded until days later. This, he claimed, compromised their defense and led to an unfair trial.
Chief Justice Aamer Farooq instructed Zafar to consult with Imran Khan about the NAB's remand request, indicating that if they opposed it, the court would decide the appeals based on merit. Justice Miangul Hassan Aurangzeb added that the court could either order a retrial or address the case's merits directly, depending on the technical errors involved.
In their appeals, Khan and Bushra's legal team contended that the trial was a sham, conducted with undue haste and a blatant disregard for their rights. They argued that the evidence against them was insufficient and failed to establish a connection to the alleged charges. Furthermore, they highlighted that the trial was concluded in a matter of weeks, despite the IHC's directive for an open trial, which was not adhered to as the proceedings were conducted secretly.
Barrister Zafar emphasized that the judgments rendered were illegal and unconstitutional, infringing upon the rights guaranteed under Article 10A of the Constitution of Pakistan. He pointed out that the trials were rushed, seemingly to conclude before the upcoming general elections scheduled for February 8, 2024. Additionally, he noted that both Imran Khan and Bushra Bibi were not allowed to present evidence in their defense, nor were they permitted to cross-examine prosecution witnesses.
As the IHC bench deferred the hearing until November 21, it directed Barrister Zafar to present a clear stance on NAB's proposal. This case continues to unfold, raising questions about the integrity of the judicial process and the fundamental rights of individuals within the legal system. The outcome of this appeal could have significant implications not only for Khan and Bushra but also for the broader context of accountability and justice in Pakistan.