Magistrate's court to rule on Imran's acquittal pleas in £190m case – Pakistan

ISLAMABAD: The Islamabad High Court (IHC) on Friday passed a detailed order on the appeals of former Prime Minister Imran Khan and his wife, Bushra Bibi, seeking acquittal in the 190 million corruption case , referring the matter to the Court of Auditors with a directive to decide it.

The accountability court had rejected requests for an acquittal earlier this year, which were later challenged by Mr Khan's legal team at the IHC. The High Court initially restrained the accountability court from passing judgment, but the stay order remained vacated along with the detailed order.

The IHC set aside the lower court decisions rejecting the acquittal application and directed it to re-examine the acquittal applications under Section 265-K of the Code of Criminal Procedure (CrPC) at an appropriate stage of the procedure, emphasizing that the evidence must be evaluated before reaching a conclusion.

The case concerns allegations against Mr Khan and his wife, among others, relating to decisions made during his tenure as Prime Minister. Both asked to be released from the suit, citing immunity granted under the amended National Accountability Ordinance of 1999, which exempts cabinet decisions from prosecution unless personal financial gain is proven.

Former PM says NAB admitted mistakes in Toshakhana case trial

The defense lawyer argued that no evidence of personal advantage existed against him and sought a stay of the trial under Section 265-K of the CrPC.

Bushra Bibi argued that she was not a public office holder and maintained that she played no role in the alleged decisions as a private citizen.

The NAB prosecution was of the view that since the trial was almost over, these applications should be decided once the evidence was fully presented.

Justice Nasir Javed Rana of the Accountability Court, meanwhile, adjourned the trial in the 190 million corruption case until November 18.

The court approved Bushra Bibi's request for exemption from appearance after considering his medical reasons.

Salman Akram Raja, defense lawyer, insisted that the IHC had issued an order and urged the trial court to decide on the acquittal pleas first. However, NAB prosecutors disputed this claim, pointing out that no official communication from the IHC, including the signatures of the lawyers involved, had been submitted.

The lawyers presenting their arguments before the Islamabad High Court should have communicated the order in writing, the NAB prosecutor said. Despite written assurances from the defense,

The NAB urged the court to probe the matter thoroughly.

As the matter remains unresolved and the formal order from the IHC is awaited, the accountability court adjourned the matter until November 18.

NAB recognized flaws

Speaking to the media at Adiala Prison, Imran Khan criticized the NAB which he said had admitted errors in Toshakhana's trial.

If the trial was flawed, why was I kept in prison for a year? Why was Bushra Bibi imprisoned for nine months? The NAB chairman and the investigator in charge of the case must resign immediately, he demanded.

He also criticized the state of democracy in the country, saying it was devoid of basic freedoms. A democracy that does not allow freedom is not a democracy. The judiciary was transformed into a government department under the 26th Amendment, he said.

November 24 demonstration

Mr. Khan urged the nation to join the PTI mass protest scheduled for November 24.

It's not just about me; it’s about our collective rights. Don't be afraid of prisons. The people's fear has disappeared and the government will face another setback like that of February 8, he said.

Any negotiations with the authorities would focus on the demands of the November 24 protesters, he added.

Published in Dawn, November 16, 2024

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