A special division bench of the Islamabad High Court (IHC) will hear the appeals of former prime minister Imran Khan, his wife Bushra Bibi, and former foreign minister Shah Mehmood Qureshi today (Monday) against their convictions in the cipher and Toshakhana cases.
The IHC, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, was formed on Saturday.
Khan and Qureshi have challenged the conviction and their 10-year sentence each in the cipher case. Khan and Bushra Bibi filed appeals against their conviction in the Toshakhana reference in which they were sentenced to 14 years’ imprisonment each and a Rs1.54 billion fine.
The appeal against conviction in the cipher case pointed out that the arrest and remand hearing on Aug 16, 2023, took place in the “most objectionable, clandestine, and secretive manner”. It said the prosecution did not share the complete record that was produced before the trial court against Khan and the judge indicted the former premier and former foreign minister in haste. The appeal recalled that the IHC division bench had to scrap the trial court proceedings twice owing to the “glaring illegalities”, but Judge Abual Hasnat Zulqarnain allegedly concluded the trial without complying with the mandatory procedural requirements.
The appeal claimed that Khan and his legal counsel extended all cooperation to the trial court and did not seek unnecessary adjournment to linger on the proceeding.
However, the judge did not ensure a fair trial and “the proceedings were hurried through by the court at a breakneck speed for reasons known only to the court itself”, and the “trial was concluded in less than 20 days”.
The appeal said the defence counsel cross-examined four prosecution witnesses, and the case was adjourned to Jan 25 when a counsel appeared before the IHC and another counsel had to rush to Lahore for dental surgery. The case was adjourned to Jan 27 when the judge appointed state lawyers for Khan and Qureshi.
It said Khan and Qureshi strongly objected to “these so-called state counsels without their consent but to no avail”. They requested the court to make a call to their lead counsel to seek assistance in cross-examination, but the trial court refused to wait for him. The appeal said the trial in the cipher case was shifted to a “secret room” and concluded in a “very short span of time”.
