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Imran’s Toshakhana sentence suspended but detention at Attock Jail to continue in cipher case

Published

1 month ago

August 29, 2023

The Islamabad High Court (IHC) on Tuesday suspended PTI Chairman Imran Khan’s three-year sentence in the Toshakhana case.

However, a special court recently established to hear cases under the Official Secrets Act has directed Attock Jail authorities — where the former premier is incarcerated — to keep Imran in “judicial lockup” and produce him on Aug 30 (tomorrow) in connection with the cipher case.

In a letter addressed to the Attock jail superintendent, a copy of which is available with Dawn.com, Special Court Judge Abual Hasnat Muhammad Zulqarnain said: “That accused Imran Khan Niazi s/o Ikramullah Khan Niazi r/o Zaman Park, Lahore is hereby ordered for judicial remand in case FIR mentioned above, who is already detained in district jail, Attock.”

Later, a notification issued by the law ministry said the interior ministry had conveyed security concerns to it in a letter today the Law and Justice Division had “no objection” to Imran’s trial in the cipher case being held at Attock jail tomorrow.

One of Imran’s lawyers, Gohar Khan, told AFP by phone that the ex-premier was “arrested [in the cipher case] prior to today’s court ruling. The exact date of his arrest remains unclear”.

Another, Muhammad Shoaib Shaheen, said “his legal team was intentionally left uninformed and kept in the dark. This constitutes a manipulation of justice”.

The cipher case pertains to a diplomatic document which reportedly went missing from Imran’s possession. The PTI alleges that it contained a threat from the United States to oust Imran from power. Proceedings against PTI Vice Chairman and former foreign minister Shah Mahmood Qureshi in the same case are also under way.

The much-anticipated order in the Toshakhana case was announced by an IHC division bench comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri on the former prime minister’s appeal against his prison term.

“The copy of the judgment will be available shortly … all we are saying now is that [Imran’s] request has been approved,” Justice Farooq said.

In the order issued in the evening, the court noted that the three-year jail term awarded to Imran “qualifies as a short sentence”.

“The arguments raised by both sides as to the jurisdiction and other issues involve a deeper appreciation of the matter which at the stage is not warranted, especially, where the sentence is a short one […],” it said.

The court pointed out in the order that even though long arguments were presented by both sides, such questions were left to be decided at the stage when the appeal was taken up for adjudication.

“For the above reasons, the instant application is allowed and the sentence awarded by the trial court dated Aug 5 is suspended; consequently, the applicant is ordered to be released on bail in the instant matter subject to furnishing bail bonds in the sum of Rs100,000 with one surety in the like amount to the satisfaction of the deputy registrar (judicial) of this court,” it ruled.

On August 5, a trial court in Islamabad had convicted the PTI chief in the case filed by the Election Commission of Pakistan (ECP) that involved concealing details of state gifts and jailed him for three years. The verdict meant he was disqualified from contesting general elections for five years.

Imran had subsequently filed an appeal in the high court against his conviction. He had also approached the Supreme Court (SC) against the IHC’s decision to remand the case back to the trial court judge who had convicted him.

Last week, however, the SC had acknowledged “procedural defects” in Imran’s conviction but had opted to wait for the IHC decision on Imran’s plea. The court’s observations had drawn the ire of the Pakistan Bar Council, which said there should be no “interference” in matters pending before the subordinate judiciary.

Imran’s sister arrives at IHC ahead of the announcement of the much anticipated verdict. — AFP

A day ago, ECP’s counsel Advocate Amjad Pervaiz concluded his arguments and urged the court to issue a notice to the state to make it a respondent in the case. For his part, Imran’s lawyer Latif Khosa had said he had no objections to Pervaiz’s plea but had also expressed that the action was not required by the law.

Ahead of today’s proceedings, a large contingent of Islamabad police stood guard’s outside the IHC. The PTI legal team and Imran’s sisters Aleema Khan and Uzma Khan were among those who attended the hearing.

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Reacting to the development, the PTI demanded that Imran should be released from jail today. A video posted by the party on X showed lawyers chanting “riha karo [release him]” outside the IHC.

Speaking to Geo News, PTI Barrister Ali Zafar said: “The high court has fulfilled the requirements of justice. I’ll tell you why: Aside from the merits of the Toshakhana case — which are baseless — the trial judge did not allow Imran to submit witnesses in his defence.

“If witnesses in one’s defence are not allowed, there is no greater [example of a] mistrial.”

He further clarified that for now only the sentence has been suspended.

PTI lawyer Shoaib Shaheen, while talking to media outside the IHC, said Imran should be provided compensation for the number of days he was kept behind bars.

According to PTI Information Secretary Raoof Hasan, Imran’s arrest in any other case after the suspension of his sentence in the Toshakhana case would be “ill-intentioned and mala fide”.

“We are fortunate to be witnessing the re-scripting of Pakistan’s political and legal history,” he said, adding that “justice shall prevail”.

Former National Assembly speaker Asad Qaiser said the suspension of Imran’s sentence confirmed that the Toshakhana verdict was announced “in haste” and did not give the PTI chief a chance to defend himself.

He further stated that if Imran was arrested in another case, it would be an attempt to “push the country towards anarchy”.

PTI leader Taimur Khan Jhagra said the nation expected Imran to be released from jail today.

“The ‘abuse of the law’ campaign against Imran Khan has sunk the country’s systems far enough. We cannot afford more,” he said on X.

Senator Faisal Javed Khan posted verses from the Holy Quran expressing gratitude.

However, the PML-N expressed its displeasure towards today’s outcome, with party president Shehbaz Sharif saying that Imran’s sentence had been suspended and “not terminated”.

good to see you’ and ‘wish you good luck’ has reached the IHC,” he said, claiming that “everyone knew about the verdict before it was even announced”.

“This moment is a matter of concern for our justice system,” Shehbaz said. “If a clear message is received from the higher judiciary, what else should the subordinate court do?”

Former law minister Azam Nazeer Tarar said that the detailed verdict had not been released. He said that the IHC had only suspended the sentence as that was the matter pending before it. “This was a short sentence. Ordinarily, sentences are suspended,” he said.

He asserted that Imran’s disqualification had not ended. “This is only suspension of sentence which means that he be set free in this case if he is not wanted or arrested in another. Apart from this, there is no other definition or meaning of suspension of sentence. Neither his punishment nor his qualification have been ended or even the declaration that he was dishonest.”

At the same time, Tarar said that he did not wish to comment further as the detailed verdict had not been released. He said that the suspension of the sentence could be challenged, again reiterating that the detailed reasons had not been issued.

In a post on X last night, former interior minister Rana Sanaullah said, “He [Imran] will not come outside [of the jail] — release is not possible, [he] will have to face the prosecution in other cases!”

Speaking to DawnNewsTV, Barrister Asad Rahim Khan said that typically the suspension of a sentence did not affect the status of the conviction. “Conviction means you have been held responsible in the eyes of the law. So only when you are completely acquitted in an appeal does it” end the disqualification, he said.

Rahim said that the detailed verdict was awaited to see whether the court had said anything about Imran’s disqualification. “If we keep this only to the suspension of the sentence, then it has no relation to disqualification,” he said.

When asked about the PTI lawyers filing another plea seeking a bar on arresting Imran in any other case, Rahim said that there was no bar on requesting the courts to restrain law enforcement bodies from unlawfully arresting an accused; but the ex-premier would nonetheless have to face the cases registered against him on an individual basis.

He said that after a sentence was suspended, there were some procedural formalities which needed to be completed. “It is hoped and written in a sentence that if the person is not required in another case, he should be set at liberty, meaning he should be set free,” he said.

The lawyer said that the same should be done in Imran’s case but noted that there were many cases registered against the PTI chief. He said that the suspension of the sentence could be challenged in the apex court. “You can challenge this order, the state can come into action. But the next question will be how the SC considers its own precedents in reply,” he said.

grilled Imran in the said case, which invokes the Official Secrets Act, for over an hour at the Attock Jail.

Filed through Barrister Salman Safdar, the petition named the state as a respondent and alleged that the cipher case had been filed against Imran “with malafide intentions” and termed it of “bogus nature”.

The plea stated that the “only remedy available to avoid unjustified, illegal and straightaway arrest” was by invoking Article 10 (safeguards as to arrest and detention) of the Constitution for the “protection of his fundamental rights and safeguards”.

The petition further said that the petitioner would “suffer irreparable loss in case he is arrested for another offence, which he has not committed”.

It further expressed the apprehension that the PTI chief’s “political adversaries and opponents would be able to further their nefarious designs and political ambitions in the absence” of the IHC’s “kind intervention”.

The case, filed by lawmakers of the then coalition government, was based on a criminal complaint filed by the ECP.

The case alleged that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.

According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

Imran has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.

concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.

The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.

Subsequently, the ECP had approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.

On May 10, Imran was indicted in the case. However, on July 4, the IHC had stayed the proceeding and directed ADSJ Dilawar to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the Toshakhana reference.

The questions had included whether the complaint was filed on behalf of the ECP by a duly authorised person, whether the ECP’s decision of Oct 21, 2022, was a valid authorisation to any officer of ECP to file a complaint, and whether the question of authorisation was a question of fact and evidence and could be ratified subsequently during the course of proceedings.

Finally, on July 9, ADSJ Dilawar while ruling that the reference was maintainable, revived the stalled proceedings and summoned the witnesses for testimony. The decision was subsequently challenged in the IHC.

On August 2, Judge Dilawar had ruled that Imran’s legal team failed to prove the relevance of his witnesses. He had warned the defence counsel to conclude the arguments, or else the court would reserve an order.

The IHC then gave a short breather to Imran, asking the judge to re-examine the jurisdiction and any procedure lapse in the filing of the complaint by the ECP. However, a day later, the trial court convicted the ex-premier.

Additional input from AFP

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China thrill in track and field but footballers flop again at Asiad

Published

10 mins ago

October 2, 2023

callumbryne

HANGZHOU: China swept four gold medals in track and field at the Asian Games on Sunday to celebrate national day, but their men’s football team failed to read the script and were dumped out by South Korea.

The hosts are running away at the top of the overall medals table in Hangzhou with 132 golds and still seven days of competition to go.

China is enjoying a long holiday for national day and patriotic fervour filled the 80,000-seater Olympic stadium in the eastern city for the evening’s athletics.

Waving mini flags and roaring on the home competitors, they were not to be disappointed.

Wang Jianan, nicknamed Eddie, leapt an impressive 8.22m on his first attempt in the long jump. It proved enough to defend his title.

Discus thrower Feng Bin, who like Wang was dethroned as world champion in August, also bounced back in style to claim gold with a throw of 67.93m, a Games record.

“I’m really happy. After all, today is national day, a very special day for every Chinese person,” the 29-year-old Feng said.

“To win my first Asian Games medal on this day makes me extremely happy and excited.”

There was more home success through Lin Yuwei in the 100m hurdles and Zheng Ninali in the women’s heptathlon.

China’s men’s football team is often derided at home and they once again failed to get in the holiday mood.

They were outclassed and soundly beaten 2-0 by South Korea in the last eight to disappoint a bumper crowd of nearly 40,000.

The Koreans, who are chasing a third gold medal in a row in the under-23 competition, face Uzbekistan in the semi-finals.

Japan beat North Korea 2-1 and will play Hong Kong, surprise 1-0 victors over Iran, in the last four.

The North Koreans rounded on the Uzbek match officials at the final whistle and at least one furious player had to be held back by his team-mates.

China also suffered a comprehensive loss in the final of the women’s team badminton competition.

The South Korean squad raced onto the court and some players were in tears after a 3-0 win for their first gold in the event for nearly 30 years.

South Korea’s coach Kim Hak-kyun called the gold “precious” and said they were already targeting more success at next summer’s Paris Olympics.

“This is thanks to the determination, mindset, mentality and unity of our players,” said Kim.

China did however recover to win the final of the men’s team competition 3-2 after going behind to India.

The home nation also enjoyed double gold in table tennis, with Sun Yingsha winning women’s singles gold and the duo of Fan Zhendong and Wang Chuqin taking the men’s doubles title.

In some of the first action of the day, Thailand’s Arpichaya Yubol snatched women’s golf gold after India’s Aditi Ashok blew a seven-shot overnight lead.

In the men’s event, rising star Taichi Kho kept his nerve despite a charge by PGA Tour star Im Sung-jae for a one-stroke victory.

It was Hong Kong’s first gold in golf at the Asian Games.

At the shooting range the Chinese women’s trap team of Li Qingnian, 42, Wu Cuicui, 35, and Zhang Xinqiu, 29, set a new world record of 357 points on their way to winning gold, eclipsing the previous world best of 354 points set by the United States in 2018.

In trap competitors wield shotguns and aim at clay-based targets being fired rapidly away from the shooter at different angles.

The silver medal went to India, whose team included Rajeshwari Kumari, 31, daughter of acting president of the Olympic Council of Asia and former Asian Games champion in shooting, Randhir Singh.

In the men’s U23 3×3 basketball, Mongolia won their first ever Asian Games bronze medal in a team event, before Taiwan pipped Qatar 18-16 to win gold and trigger elation on the court and a huge roar from Taiwan journalists in the media centre.

Published in Dawn, October 2nd, 2023

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Pakistanis among 40 nations facing backlash for reporting rights abuses

Published

21 mins ago

October 2, 2023

callumbryne

ISLAMABAD: Pakistan is among the 40 countries across the world where over 220 individuals and 25 organisations faced threats and retaliation from the state and non-state actors for cooperating with the United Nations on human rights, reveals a new report of the UN Secretary-General.

The report titled, ‘Cooperation with the United Nations, its representatives and mechanisms in the field of human rights’ covering the period from May 1, 2022 to April 30, 2023, was recently presented at the Human Rights Council (HRC) session in Geneva. The session will continue till Oct 6.

The report says human rights defenders and other civil society activists are increasingly under surveillance and continued to face legal proceedings, travel bans and threats and they are given prison sentences for cooperating with UN’s human mechanisms.

The UN secretary-general said that the organisation has a collective responsibility to prevent and address intimidation and reprisals, guided by the principle of “do no harm” and a victim- and survivor-oriented approach.

Civil society activists face legal proceedings, jail sentence, travel bans and threats for cooperating with UN’s rights mechanism, says report

“Considerable progress has been made in shedding light on and addressing the issue, including through initiatives on civic space under ‘Call to Action for Human Rights’, the UN chief said.

“The UN is committed to strengthening its efforts to prevent reprisals, including through clear zero-tolerance messages and by awareness-raising among staff, member states and civil society interlocutors. We will further strengthen our response to reprisal cases and ensure appropriate systems are in place to identify, document and report on incidents, including those in the annual reports. We will reinforce the dissemination of information on what reprisals are and how to report incidents, in particular for UN bodies where reprisals are repeatedly reported,” he added.

“A global context of shrinking civic space is making it increasingly difficult to properly document, report and respond to cases of reprisals, which means that the number is likely much higher,” said Ilze Brands Kehris, Assistant Secretary-General for Human Rights, in her presentation to the HRC on Thursday.

“Despite ongoing efforts, regrettably, the number of reported acts of intimidation and reprisal by state and non-state actors remains high and their severity is very concerning,” she said.

“The global trends documented this year are also similar to those identified in previous reports, but with new emerging tendencies,” the UN official said.

Among the growing trends noted in the report is the increase in the number of people either choosing not to cooperate with the UN due to concerns for their safety, or only doing so if their identities remain anonymous.

Victims and witnesses in two-thirds of the countries listed in the report requested anonymous reporting of reprisals, compared with one-third in the last year’s report.

Most of the people who reported facing reprisals for their cooperation with the Security Council and its peace operations, as well as with the UN Permanent Forum on Indigenous Issues did so on the condition of anonymity.

Algeria, Afghanistan, Andorra, Bahrain, Bangladesh, Belarus, Burundi, Cameroon, China, Colombia, Cuba, Democratic Republic of the Congo, Djibouti, Egypt, France, Guatemala, India, Indonesia, Iran, Iraq, Israel, Saudi Arabia, Libya, Maldives, Mali, Mexico, Myanmar, Nicaragua, the Philippines, Qatar, the Russian Federation, South Sudan, United Republic of Tanzania, United Arab Emirates, Uzbekistan, Vietnam, Venezuela (Bolivarian Republic of), Yemen, and the State of Palestine are also on the list alongside Pakistan.

Published in Dawn, October 2nd, 2023

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Trump business empire under threat as New York fraud trial opens

Published

1 hour ago

October 2, 2023

callumbryne

Former US president Donald Trump will appear in a New York court on Monday as a civil fraud trial against him and two of his sons kicks off, with the case threatening the Republican’s business empire as he campaigns to retake the White House.

In Monday’s case, Judge Arthur Engoron has already ruled that Trump and his sons Eric and Don Jr committed fraud by inflating the value of the real estate and financial assets of the Trump Organization for years.

New York Attorney General Letitia James is now seeking $250 million in penalties and the removal of Trump and his sons from management of the family empire.

Trump said late Sunday he planned to be present for the start of the trial on Monday morning.

“I’m going to Court tomorrow morning to fight for my name and reputation,” the 77-year-old wrote on his Truth Social platform. “This whole case is a sham!!!”

In addition to this civil case, Trump also faces several major criminal proceedings in the months ahead.

He is scheduled to appear before a federal judge in Washington on March 4 on charges of trying to overthrow the results of the 2020 presidential election won by Joe Biden.

Trump will then be back in New York state court, this time on criminal hush money charges, and later in a Florida federal court, where he is accused of mishandling classified documents after leaving office.

Finally, he will also have to answer to state charges in Georgia, where prosecutors say Trump illegally tried to get the southern state’s 2020 election results changed in his favor.

In the New York civil case, Engoron ruled that Trump, his two eldest sons, and other Trump Organisation executives lied to tax collectors, lenders, and insurers for years in a scheme that exaggerated the value of their properties by $812 million to $2.2 billion between 2014 and 2021.

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As a result, the judge revoked the business licenses that allowed the Trump Organisation to operate some of its New York properties.

Actually enforcing such penalties would be “a major blow to Donald Trump’s ability to do business in the State of New York going forward,” Will Thomas, a professor of business law at the University of Michigan, told AFP.

Under that kind of pressure, Trump — who made his reputation and fortune as a real estate mogul in the 1980s and had promised to bring his cut-throat industry tactics to the Oval Office — could eventually lose control over many of his company’s flagship properties, such as his 5th Avenue Trump Tower in Manhattan.

According to Attorney General James, a Democrat, Trump’s own apartment in that building is among the spaces that were fraudulently overvalued — it was listed as three times bigger than its true size.

Another Manhattan building, at 40 Wall Street, was overvalued between $200-$300 million in financial disclosures, James alleges.

Trump’s luxury Mar-a-Lago resort in Florida — the site of the classified documents drama — and several other Trump Organisation golf clubs also appear in James’s complaint.

Trump has repeatedly dismissed the New York civil allegations, calling James, who is Black, “racist,” and labeling Engoron “deranged.”

On his Truth Social platform, Trump claimed there was no “wrongdoing” in his actions of “fully paying back sophisticated Wall Street Banks in full, with interest, with no defaults, and with no victims.”

There are likely to be dozens of witnesses called to testify at the trial, including Trump himself, and former financial director of the Trump Organisation Allen Weisselberg, who served time in prison after pleading guilty to tax fraud in a separate case brought against the business.

Trump’s children Eric, Don Jr, and his oldest daughter Ivanka — who was initially also targeted by James’s complaint but ultimately not prosecuted — are also likely to present their own testimony.

Trump’s former lawyer Michael Cohen — now an outspoken critic of the former president — and officials from certain Trump-linked financial institutions are also expected to appear.

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