Legal experts, journalists say Toshakhana verdict as per ‘expectations’, deride manner of proceedings

After PTI founder Imran Khan and his wife Bushra Bibi on Wednesday were sentenced to 14 years in jail in the Toshakhana reference by an accountability court, legal experts and journalists criticised how the trial was carried out, albeit adding that the verdict against the two was “expected” and came as no surprise.

A day earlier, a special court established under the Official Secrets Act had sentenced Imran and foreign minister Shah Mehmood Qureshi to 10 years in prison for leaking state secrets.

Previously, Imran was convicted in a separate Toshakhana case on August 5, 2023, and sentenced to three years’ imprisonment. The Islamabad High Court (IHC) had suspended his sentence, however, a division bench had later rejected Imran’s petition seeking the suspension of the conviction.

Regarding the latest legal axe to fall on the PTI chief, this is what the experts Dawn.com spoke had to say:

Verdict gives impression that a deadline is being met: Basil Nabi Malik

Lawyer Basil Nabi Malik said the “back-to-back convictions … on back-to-back days” were “shocking to those who know not and quite expected for those who claim to know a bit too much.”

He said the verdict, “similar to the case in the cipher matter”, was rushed and gave an impression of “an impending deadline being met”.

Malik said a discussion on the merits of the decision would be premature without reading the detailed verdict itself but a few things were “certain”.

“Firstly, very few will consider this judgment credible, he said. “Secondly, overreliance on procedural straitjackets provides impetus to the opinion that the merits of the case must not have been sufficiently strong.

“Thirdly, any verdict given without affording the accused a fair opportunity to present his defence or cross the prosecution witnesses will always be shrouded in whispers of a kangaroo court proceeding.

“Fourthly, and perhaps most importantly, rather than hurting Imran Khan, this may well politically strengthen him for the upcoming elections,” the lawyer said.

Victimisation turning Imran into mythical character: Shahzeb Jillani

Journalist Shahzeb Jillani said the way the trials against Imran were conducted and their subsequent verdicts made a “mockery of our judicial process”.

He added that “the deep dislike for Imran Khan among state institutions is now well-established. At first, it seemed like they just wanted to cut him down to size. Now, it’s clear that the aim was to demolish his politics completely.

“They think they are punishing him for his transgressions. But the brazen victimisation over the last year or so is turning him into a mythical character in the public imagination as sympathy for him grows — even among people highly critical of his divisive and confrontational politics.”

Judge did not disappoint gossipmongers: Arifa Noor

Anchor and journalist Arifa Noor, too, said the sentence was “expected” after what had transpired a day earlier.

“Yesterday evening, while news channels were commenting on the quick decision in the cipher case, the Toshakhana case was being heard in Adiala Jail and the general perception was that the conviction would come in a similar manner.”

She added that the judge in the Toshakhana case “did not disappoint the gossipmongers or the analysts”.

Toshakhana verdict undermines people’s faith in justice: Rida Hosain

Meanwhile, lawyer Rida Hosain said that just a day ago, Imran and Qureshi were denied the right to be represented by a counsel of their choice and convicted in the cipher case.

She added that the right to cross-examine prosecution witnesses was closed “as per reports” in the Toshakhana reference.

Hosain questioned: “What is the extreme urgency, and why are verdicts being pronounced in complete disregard of fair trial and due process rights?

“The Toshakhana verdict has little to do with the law. It undermines people’s faith in the justice system when the law is weaponised, and fundamental rights are ignored.”

Hosain said that past wrongs could not and should not be used to “legitimise obvious injustice”.

Instance of long, sordid history of political victimisation: Zarrar Khuhro

Journalist Zarrar Khuhro rued that the decision was “unfortunate but also inevitable; unfortunate because it is again an instance of a very long and sordid history of political victimisation and inevitable because we can see a very clear pattern of dwindling the PTI down to nothing”.

He said it was a “concentrated and highly accelerated version of what, to one degree or another” the country’s past elected governments and prime ministers had faced.

“An even more unfortunate part is that we have seen the same thing over the years happen to prime minister after prime minister and we have seen that the opposition at the time celebrates such instances that are collectively a blow to the democracy. It was the same case in the previous government, it is the same now.”

He regretted that no lessons were “really learnt”, adding that as far as today’s sentence went, it was “done so by design”.

“When you make a weak case and leave these kinds of loopholes then these judgements can easily be struck down in the future.

“And that point in the future usually comes when the present government and the present establishment are inevitably at odds and they will be at odds as Pakistan’s entire political history suggests.”

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4 dead, 6 injured in blast at PTI rally in Balochistan’s Sibi

Four people were killed while six were wounded in a bomb blast at a PTI rally in Balochistan’s Sibi on Tuesday, police and health officials said.

The medical superintendent of the District Headquarters Hospital in Sibi, Dr Babar, confirmed the casualties to Dawn.com. The incident comes just nine days before the February 8 general elections.

According to Sibi Station House Officer (SHO) Zakaullah Gujjar, the injured persons were being moved to the Civil Hospital. He said the condition of most of them was critical and expressed fears that the death toll could rise.

Gujjar said security forces reached the blast site immediately after the incident was reported and cordoned off the area. “A bomb disposal squad is collecting evidence from the crime scene,” he added.

Separately, the PTI said the blast occurred at an election rally organised by party-backed candidate Saddam Tareen, who is contesting the upcoming polls from the NA-253 (Ziarat) constituency.

It said three PTI workers were killed and seven were injured in the incident while Tareen remained unhurt.

“We strongly condemn this heartbreaking incident and demand that attention should be given to suppressing terrorists instead of PTI workers,” the party said in a post on social media platform X.

In another statement, the PTI termed the incident a “criminal failure” of the provincial and federal governments.

“A full investigation of the incident should be conducted and the criminal negligence of the supervising governments should also be investigated to bring those responsible to justice,” it said.

The party also questioned why security was not provided to the rally despite a high alert.

Meanwhile, Balochistan Health Secretary Abdullah Khan Noorzai had imposed an emergency at hospitals across Quetta and Sibi, according to a statement issued by the provincial health department.

“Instructions have been issued to Sibi’s medical superintendent to provide the best healthcare facilities to patients. All doctors and staff are instructed to be present on duty immediately,” the statement said.

It added that instructions were issued to increase the security of hospitals to tackle any untoward situation, gather medicines, medical equipment, lab necessities, and ample stock of blood.

ECP takes notice, summons report

In a post on X, the Election Commission of Pakistan said it had taken notice of the incident and summoned a report from Balochistan’s chief secretary and police chief.

Meanwhile, Interim Balochistan Information Minister Jan Achakzai said: “Regardless of the actions of terrorists, the elections will proceed as planned.”

“The rally in Sibi, which was targeted by terrorists, will not discourage the government of Balochistan from conducting the elections,” he maintained.

The caretaker minister said it was “evident” that terrorists aimed to disrupt the election process and its results.

“The resilient people of Balochistan, by the grace of God, will ensure that at least 50 per cent of the population actively participates in the voting process on February 8.

“I would like to express my heartfelt condolences to the three families affected by the tragic blast in Sibi,” Achakzai added.

Uptick in terror incidents

Today’s incident comes as Pakistan has recently witnessed an uptick in terror activities, particularly in Khyber Pakhtunkhwa and Balochistan.

A day earlier, seven militants were killed after security forces thwarted three terror attacks in Mach. According to Achakzai, a clearance operation is underway in the area.

On Sunday, two people were injured in an explosion outside the residence of a PTI-backed candidate. Malik Shah Muhammad Khan remained safe in the attack.

Earlier this month, former MNA Mohsin Dawar survived an armed attack on his convoy in the Tapi area of Miramshah tehsil in KP’s North Waziristan. The attack on Dawar’s convoy occurred during an election rally. The assailants opened fire and subsequently fled.

The same day, JUI-F’s Qari Khairullah also narrowly escaped a roadside bomb in Bajaur.

Last week, caretaker Prime Minister Anwaarul Haq Kakar constituted a high-level committee to oversee security for the upcoming general elections.

Under the terms of reference (ToRs), the committee will be responsible for overseeing security arrangements for general elections. It will also review and resolve matters regarding administrative arrangements and coordination for smooth conduct of general elections.

According to an annual security report issued by the Centre for Research and Security Studies, Pakistan witnessed 1,524 violence-related fatalities and 1,463 injuries from 789 terror attacks and counter-terror operations in 2023 — marking a record six-year high.

KP and Balochistan were the primary centres of violence, accounting for over 90 per cent of all fatalities and 84pc of attacks, including incidents of terrorism and security forces operations.

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This is a developing story that is being updated as the situation evolves. Initial reports in the media can sometimes be inaccurate. We will strive to ensure timeliness and accuracy by relying on credible sources such as concerned, qualified authorities and our staff reporters.

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