The Islamabad High Court (IHC) has set up a special division bench to hear the appeals of former Prime Minister Imran Khan, his wife Bushra Bibi, and former Foreign Minister Shah Mehmood Qureshi in two different cases.
The appeals, scheduled to be heard on Monday by a special bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, challenge the trio convictions in both the cipher and Toshakhana cases.
In the cipher case, both Imran Khan and Shah Mahmood Qureshi contested their 10-year sentences, emphasizing irregularities in the arrest and remand proceedings on August 16, 2023.
The appeal alleged a lack of complete record sharing by the prosecution and accuses the trial judge, Judge Abual Hasnat Zulqarnain, of concluding the trial hastily, overlooking mandatory procedural requirements.
The appeal argued that Mr. Khan and his legal counsel cooperated fully, yet a fair trial was not ensured.
The defense claimed the trial was rushed, concluding in less than 20 days, with objections to the appointment of state counsels for the defendants going unheeded.
In the Toshakhana reference, the appeal asserted a violation of the fundamental right to a fair trial. It outlined that Mr. Khan, his spouse, and their legal representatives cooperated with the court.
However, the lead counsel, Sardar Latif Khan Khosa, facing election commitments, was denied a general adjournment, and the alternative lawyer, Zaheer Abbas, was not given adequate time to prepare due to apparent pressure to conclude the case before February 8, 2024, the election date.
The appeal claimed that on January 29, Judge Muhammad Bashir abruptly closed the defendants’ right to cross-examine prosecution witnesses, with subsequent attempts to restore cross-examination proving futile.
The judge, allegedly under undue pressure, announced the judgment on January 31 without recording statements under Section 342 of the Criminal Procedure Code.
Accusing the accountability judge of convicting the former prime minister “in a haphazard manner” and bypassing established procedures, the appeal called for a thorough review of the Toshakhana case proceedings.
