Legal affairs of Imran Khan

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Since the 2022 ouster of Imran Khan as the Prime Minister of Pakistan and his fallout with the military establishment, more than 170 legal cases have been initiated by courts in Pakistan. [1] [2] At least three cases have resulted in convictions for violations of national secrecy, illegal marriage, and corruption charges. [3] [4] All three trials were held behind closed doors in Adiala Jail, where Khan has been incarcerated since August 2023, and were marked with rushed proceedings, sudden replacement of defendant's lawyers with state consuls, and other procedural irregularities that led his party to term the decisions to be coming from "kangaroo courts". [5] [6] [7] Khan's sentencing in the marriage case was decried by lawyers and members of the civil society as an overreach and a blow to women's rights. [8] [9] [10] Meanwhile, some observers termed the sentencings as a continuation of the Pakistani military's engineering to keep Khan out of power in the upcoming elections. [11] [12] [13]

Contents

History

In May 2023, the Islamabad High Court (IHC) received a submission from the Pakistan Tehreek-e-Insaf (PTI), detailing legal cases against him. [14] The submission outlined that Khan faces 31 legal cases in Islamabad and an additional 30 cases, including call-up notices, in Lahore. [14] Among these, 12 cases in Lahore and 14 in Faisalabad pertain to terrorism, totaling 22 terrorism-related charges against Khan across Pakistan. [14] The charges against Khan involve allegations of treason, blasphemy, inciting violence, and terrorism. [14]

Toshakhana reference case

The Pakistan Democratic Movement's MNAs brought the Toshakhana case against Khan in August 2022 because he failed to disclose the specifics of the Toshakhana presents in his yearly asset report to the Election Commission of Pakistan (ECP). [15] The investigation was started by the ECP, which then made its final determination on 21 October 2022, disqualifying Imran from holding public office for engaging in dishonest behavior, fabricating information, and making an inaccurate declaration in the reference under Article 63(1)(p) of the constitution of Pakistan. [16] [17] Following the verdict, Khan organized the Azadi March II to protest. [18]

On 5 August 2023, Khan was arrested for the second time and sentenced to three years in prison after being found guilty of misusing his premiership from 2018 to 2022 to buy and sell gifts in state possession that were received during visits abroad and worth more than 140 million rupees. [19] [20] On 29 August 2023, an appeals court suspended Khan's corruption conviction and three-year prison term, and granted bail. [21] [22] [23]

On 31 January 2024, Khan was convicted and sentenced to 14 years' imprisonment for the Toshakhana case, [24] which involved the illegal sale of state gifts given to him and his wife, Bushra Bibi, when he was prime minister. [25]

Tyrian White case

The Tyrian White case was filed by Mohammad Sajid in the Islamabad High Court (IHC), seeking to disqualify Imran Khan, the leader of the Pakistan Tehreek-e-Insaf (PTI), for allegedly hiding his daughter's existence, Tyrian White, from his election documents. [26] [27]

Foreign funding case

On October 11, 2022, Imran Khan was implicated in a financial irregularities case by the Federal Investigation Agency (FIA) for purportedly receiving unauthorized foreign funds. [28] The first information report (FIR) documents that Arif Masood Naqvi, the owner of Wooton Cricket Limited, made transfers of alleged illicit funds to a bank account linked to Khan's political entity, Pakistan Tehreek-e-Insaf (PTI). [28] The FIR contends that such transactions contravened the Foreign Exchange Act, with Khan and the PTI being the recipients of these questionable funds. [28]

Leaked audio tapes case

On 2 October 2022, the Shehbaz Sharif cabinet filed a legal case against Imran Khan following the release of audio recordings. [28] These recordings allegedly feature Khan, during his time as prime minister and amidst a no-confidence motion in the National Assembly of Pakistan, discussing strategies to falsely claim his removal from office was the result of a US-led plot. [28] The authenticity of at least two audio tapes, widely shared on social media and purportedly featuring Khan directing his party members to blame the US for political advantage, has led to this decision. [28]

Al-Qadir Trust case

In May 2023, Imran Khan and his spouse were detained for a period of four days due to allegations of accepting land, valued at approximately 7 billion rupees ($25 million), as a bribe. [29] The transaction allegedly involved the Al-Qadir Trust, a charitable organization co-founded by Khan and Bushra Wattoo, Khan's third wife, in 2018 during Khan's incumbency. [29] The Pakistani authorities assert that the land was provided by a property developer implicated in a money laundering case in the United Kingdom. [29] The case against Khan suggests that he facilitated a favor for the developer in exchange for the land by employing 190 million pounds, which had been repatriated by Britain as part of a money laundering investigation, to settle the developer's court fines. [29] Both Khan's representatives and the property developer have denied these allegations, claiming the land was donated to the trust for charitable purposes. [29]

Imran Khan has been charged under Pakistan's anti-terrorism law following violence directed at the military after his brief detention on May 9, linked to the Al-Qadir Trust case. [29] The 1997 anti-terrorism act in Pakistan, under which Khan is indicted, allows for the death penalty as the maximum sentence. [29] Khan disputes the charges, asserting that he was detained at the time the violence occurred. [29]

Cypher case

In August 2023, the Federal Investigation Agency registered a case against Khan for sharing information on the alleged cypher and leaking state secrets, and thereby violating the Official Secrets Act. [30] [31]

On 30 January 2024, Khan was convicted and sentenced to 10 years' imprisonment over the case. [32] Many observers alleged that the sentence was part of a campaign to sideline Khan and the PTI before the 2024 elections; [33] Khan himself described all the charges against him as "politically motivated". His then-foreign minister and deputy in the PTI, Shah Mahmood Qureshi, was also sentenced to 10 years' imprisonment over the case. [32] Khan's sister Aleema said that prosecutors had sought the death penalty for her brother. [34]

Iddat case

On February 4, 2024, a Pakistani court sentenced Imran Khan and Bushra Bibi to seven years in prison for marrying during Bibi's iddat period, in violation of Section 496 of the Pakistan Penal Code. [35] The court, led by Senior Civil Judge Qudratullah, invalidated their initial marriage from January 1, 2018, and imposed a fine of Rs0.5 million on each. [35]

The court determined that a ceremony in February 2018, claimed by the couple as a non-marital religious event, was in fact a valid marriage based on witness testimonies and the couple's statements, despite their claim that it occurred after the Iddat period had ended. [35]

The legality of the couple's relationship from a subsequent marriage on February 14, 2018, was recognized by the court. [35] However, requests by the couple to present defense witnesses were rejected as delay tactics. [35] Testimony from Bushra Bibi's ex-husband, Khawar Fareed Manika, suggested an affair between Khan and Bibi since 2014, alleging that their early marriage prevented a possible reconciliation during the Iddat following their divorce. [35]

The court concluded that Khan and Bibi had knowingly engaged in an unlawful marriage on January 1, 2018, resulting in their conviction under Section 496 of the Pakistan Penal Code, dismissing arguments on the applicability of judicial precedents on the Iddat period. [35]

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References

  1. ↑ Haider, Kamran (January 30, 2024). "Imran Khan Gets 10 Years Jail Under Pakistan's Secrets Act". Bloomberg.com . Archived from the original on 2024-01-30. Retrieved 2024-02-06.
  2. ↑ "Imran Khan faces over 120 cases across Pakistan". May 9, 2023. Archived from the original on May 9, 2023. Retrieved February 6, 2024– via The Economic Times - The Times of India.
  3. ↑ "Former Pakistan PM Imran Khan and wife jailed for seven years over 'illegal' marriage". The Independent. February 3, 2024. Archived from the original on February 6, 2024. Retrieved February 6, 2024.
  4. ↑ "Imran Khan, wife Bushra get 7-year jail term for 'un-Islamic marriage'". February 3, 2024 – via www.thehindu.com.
  5. ↑ "Imran Khan: Former Pakistan PM and wife Bushra Bibi jailed for corruption". 2024-01-31. Retrieved 2024-02-06.
  6. ↑ "PTI vehemently rejects 'kangaroo court's judgement'". Pakistan Today. 30 January 2024.
  7. ↑ Ahmad, Zulfiqar (2024-02-04). "Iddat case: PTI strongly reacts to verdict". Business Recorder. Retrieved 2024-02-06.
  8. ↑ "Iddat case: Lawyers, civil society denounce 'intellectual bankruptcy' following Imran, Bushra's conviction". DAWN.COM. 2024-02-03. Retrieved 2024-02-06.
  9. ↑ "Controversial verdict of Imran's marriage case crosses all limits: Farhatullah Babar". Pakistan Today. 4 February 2024.
  10. ↑ "Feminists and lawyers lash out at Pakistan judge for hurting woman's dignity in 'un-Islamic' marriage case verdict against Imran and wife". The Times of India. 2024-02-04. ISSN   0971-8257 . Retrieved 2024-02-06.
  11. ↑ "Imran Khan is convicted. Pakistan's generals are content". The Economist. ISSN   0013-0613 . Retrieved 2024-02-06.
  12. ↑ "Pakistan's Elections Are Being Brazenly Rigged. Why Doesn't the U.S. Seem to Care?". TIME. 2024-02-05. Retrieved 2024-02-06.
  13. ↑ "With Imran Khan Jailed, Pakistan's Election May Be Torpid, But the Aftermath Might Not Be". Council on Foreign Relations. Retrieved 2024-02-07.
  14. 1 2 3 4 "Former Pakistan PM Imran Khan faces over 120 cases across the country". May 9, 2023. Archived from the original on August 6, 2023. Retrieved February 6, 2024– via www.thehindu.com.
  15. ↑ "Toshakhana reference: ECP disqualifies PTI chief Imran Khan". Brecorder. 21 October 2022. Archived from the original on 22 October 2022. Retrieved 17 November 2022.
  16. ↑ "Imran disqualified". The Express Tribune. 21 October 2022. Archived from the original on 24 October 2022. Retrieved 17 November 2022.
  17. ↑ "Toshakhana reference sent to trial court against Imran". The Express Tribune. 14 November 2022. Archived from the original on 9 August 2023. Retrieved 21 November 2022.
  18. ↑ "Kaptaan marches again: What next?". The Express Tribune. 28 October 2022. Archived from the original on 28 October 2022. Retrieved 6 February 2024.
  19. ↑ Walsh, Aoife (5 August 2023). "Pakistan ex-PM Khan given three-year jail sentence". BBC News. Archived from the original on 5 August 2023. Retrieved 5 August 2023.
  20. ↑ "Pakistan's Imran Khan sentenced to three years in prison, arrested". Al Jazeera. Archived from the original on 25 October 2023. Retrieved 17 December 2023.
  21. ↑ "Pakistani court suspends former Prime Minister Imran Khan's conviction, sentencing". Fox News. 23 August 2023. Archived from the original on 29 August 2023. Retrieved 29 August 2023.
  22. ↑ Goldbaum, Christina (29 August 2023). "Imran Khan's 3-Year Sentence Is Suspended by Pakistan Appeals Court". The New York Times. Archived from the original on 29 August 2023. Retrieved 29 August 2023.
  23. ↑ Adil, Hafsa (29 August 2023). "Imran Khan live news: Ex-Pakistan PM to remain in jail for 'cypher' hearing". AlJazeera. Archived from the original on 29 August 2023. Retrieved 29 August 2023.
  24. ↑ Shahid, Ariba; Shahzad, Asif (31 January 2024). "Pakistan ex-PM Imran Khan jailed for 14 years a day after 10-year sentence". Reuters. Retrieved 2 February 2024.
  25. ↑ "Imran Khan: Former Pakistan PM jailed another 14 years for graft". BBC News. 31 January 2024. Archived from the original on 31 January 2024. Retrieved 31 January 2024.
  26. ↑ "Tyrian White case: IHC reserves verdict on case admissibility". 30 March 2023. Archived from the original on 4 February 2024. Retrieved 6 February 2024.
  27. ↑ "Tyrian case in IHC: Verdict reserved on maintainability of disqualification plea". Archived from the original on 2024-02-05. Retrieved 2024-02-06.
  28. 1 2 3 4 5 6 Chandok, Sakshat (October 13, 2022). "Unending Legal Blows: What Are the Cases Against Ex-Pakistan PM Imran Khan?". TheQuint. Archived from the original on September 26, 2023. Retrieved February 6, 2024.
  29. 1 2 3 4 5 6 7 8 https://www.reuters.com/world/asia-pacific/main-criminal-cases-against-pakistans-imran-khan-2024-01-31/
  30. ↑ Hussain, Abid. "Despite bail order, Imran Khan remains in jail over 'cypher case'". Al Jazeera. Archived from the original on 17 December 2023. Retrieved 17 December 2023.
  31. ↑ "Pakistan court indicts jailed ex-PM Imran Khan in state secrets case". Al Jazeera. Archived from the original on 16 December 2023. Retrieved 17 December 2023.
  32. 1 2 "Imran Khan: Pakistan former PM jailed for 10 years in state secrets case". BBC News. 30 January 2024. Archived from the original on 30 January 2024. Retrieved 30 January 2024.
  33. ↑ Shahid, Ariba (30 January 2024). "Reaction to Pakistan ex-PM Imran Khan's 10-year jail term". Reuters. Retrieved 30 January 2024.
  34. ↑ "Former Pakistani Prime Minister Imran Khan gets 10 years in prison ahead of elections". Associated Press News. 30 January 2024. Archived from the original on 31 January 2024. Retrieved 31 January 2024.
  35. 1 2 3 4 5 6 7 Asad, Malik (February 4, 2024). "Imran, Bushra convicted in Iddat case, too". DAWN.COM. Archived from the original on February 4, 2024. Retrieved February 6, 2024.
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