Pakistan: Imran Khan, Bushra Bibi approach IHC for Toshakhana-2 sentence suspension citing legal, medical grounds

Islamabad [Pakistan], February 14 (ANI): Former Pakistan prime minister and PTI founder Imran Khan and his wife Bushra Bibi have approached the Islamabad High Court seeking suspension of their sentences in the Toshakhana-2 (Bulgari jewellery) case, Dawn reported.
The petition, filed by Advocate Salman Akram Raja, along with Barristers Salman Safdar, Gohar Ali Khan, and Qausain Faisal Mufti, under Section 426 read with Section 561-A of the Criminal Procedure Code, 1898, seeks their release on bail pending the final decision on their criminal appeal.
On December 20, 2025, the Special Court Central-I convicted the couple and imposed a 10-year simple imprisonment term under Section 409 of the PPC (criminal breach of trust by a public servant), along with a fine of PKR 16.425 million. They were also sentenced to seven years' simple imprisonment under Section 5(2) of the Prevention of Corruption Act, 1947.
The petition argued that such a dual conviction for the same alleged act is wholly beyond the mandate of law, as the petitioner could, at best, have been convicted under either of the two provisions, but not under both. It contended that this violated the principle of double jeopardy under Section 26 of the General Clauses Act, 1897.
Medical concerns featured prominently in the plea. Dawn reported that the petition referenced a Supreme Court proceeding on February 10, 2025, where a medical report from Muhammad Arif of the Pakistan Institute of Medical Sciences indicated severe damage to Imran Khan's right eye, with a blood clot leaving only 15 per cent vision, and treatment not feasible within jail premises.
The petitioners challenged the trial court's classification of Imran Khan as a "public servant" under Section 21 PPC, citing PLD 2024 SC 102 to argue that elected officeholders do not qualify for Section 409 PPC applicability.
They maintained that the gifts from the Toshakhana were properly deposited and retained after paying 50 per cent of the value above the basic exemption of PKR 30,000, in line with the Toshakhana Policy 2018.
The plea objected to treating prosecution witness Sohaib Abbasi as an approver without following the mandatory procedure under Section 337 CrPC. It further argued that witness Syed Inamullah Shah, as a material participant in the alleged transaction, should have been arrayed as an accused rather than examined as a routine prosecution witness, reflecting a "selective approach manifestly demonstrative of mala fide intent".
The petitioners noted that they remained on bail throughout the trial and complied with all conditions set by the trial court.
The accompanying criminal appeal raises substantial questions of law and fact, with no immediate hearing likely, making sentence suspension essential to avoid "manifest miscarriage of justice".
Separately, Imran Khan and Bushra Bibi filed petitions for an early hearing of the 190 million pound corruption case. The registrar's office is expected to place the matter before a bench next week. (ANI)