Justice Minallah Clarifies: Suspension of Toshakhana Verdict Does Not Nullify Disqualification

Justice Minallah: Suspension of Toshakhana Verdict Does Not Lift Imran Khan’s Disqualification”

In a recent hearing, Justice Athar Minallah of the Supreme Court emphasized that the suspension of the trial court’s verdict in the Toshakhana case does not automatically end Imran Khan’s disqualification. The remarks were made during the hearing of Imran Khan’s petition seeking the suspension of his conviction in the Toshakhana case to participate in the upcoming elections on February 8, 2023.

Imran Khan had previously been disqualified for five years from holding any public office due to his conviction in the Toshakhana case. The Supreme Court declined to fix the petition for hearing, citing a lack of available judges during the winter vacation.

On December 21, the Islamabad High Court’s two-member bench rejected Imran Khan’s request for the suspension of the trial court’s verdict in the Toshakhana case. Justice Minallah stated that there is no judicial precedent in the country’s history where the suspension of a sentence led to the annulment of conviction.

Imran Khan’s lawyer, Shahbaz Khosa, argued that there are judicial precedents, citing the case of senior politician Javed Hashmi whose sentence was abolished along with the verdict. The court suggested that the disqualification petition in the Toshakhana case should be heard before a three-member bench, given the significance of the matter. However, with only two judges available in Islamabad, a three-member bench could not be formed.