The Islamabad High Court’s (IHC) recent decision regarding the Toshakhana case has made significant waves in Pakistan’s political landscape as the court rejected the plea made by the former Pakistan Tehreek-e-Insaf (PTI) chairman, thereby blocking the pathway for Imran Khan’s participation in the upcoming elections.
Islamabad High Court Chief Justice Amir Farooq and Justice Tariq Mahmour Jahangiri pronounced reserved decision, denying the plea to suspend the Toshakhana case decision.
The ruling emphasized the legal limitations regarding the revision or amendment of a suspended punishment order. They referenced the stance of the Supreme Court, clarifying that while a sentence might be suspended, it does not imply the suspension of the judgment itself.
The decision follows the Sessions Court's sentencing of Imran Khan in the Toshakhana case, where the Islamabad High Court had previously suspended the imprisonment and fine levied against the PTI founder.
The bench, comprising Chief Justice Islamabad High Court Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri, reiterated their stance in the ruling. They emphasized that the trial court’s three-year imprisonment and a fine of Rs 100,000 against Imran Khan stood suspended.
The judgment referred to the Qaim Ali Shah case, reinforcing the understanding that the trial court had imposed the sentence based on a complaint lodged by the Election Commission under the Election Act. However, the Supreme Court’s guidance noted that such suspension of sentence is not mandatory in every instance. The court clarified that it rests within the high court's discretion to grant or deny bail.
