Imran Khan, Bushra Bibi Seek IHC Suspension of Toshakhana-2 Sentences

Feb 14, 2026 | Politics, Crime & Law

Islamabad — Former Prime Minister Imran Khan and his wife Bushra Bibi have approached the Islamabad High Court (IHC) seeking suspension of their sentences in the Toshakhana-2 (Bulgari jewellery) case, citing serious medical concerns and alleged legal flaws in the trial court verdict.

A petition filed under Section 426 read with Section 561-A of the Criminal Procedure Code 1898 was submitted by Advocate Salman Akram Raja, along with Barristers Salman Safdar, Gohar Ali Khan, and Qausain Faisal Mufti, praying for the couple’s release on bail pending final adjudication of their criminal appeal.

Key Highlights

  • Imran Khan and Bushra Bibi seek suspension of Toshakhana-2 sentences.
  • Petition cites medical grounds: Imran’s right eye reduced to 15% vision.
  • Argues dual conviction under Section 409 PPC and Prevention of Corruption Act violates double jeopardy.
  • Challenges classification of Imran as “public servant” under Section 21 PPC.
  • Objects to treatment of witnesses: Sohaib Abbasi as approver, Syed Inamullah Shah not made accused.
  • Gifts deposited and retained per Toshakhana Policy 2018 after payment.
  • Separate petitions filed for early hearing of £190m corruption case.
  • Trial court imposed 10-year RI + Rs16.425m fine (Section 409) and 7-year RI (Section 5(2) PCA).

The Special Court Central-I convicted the couple on December 20, 2025, sentencing them to 10 years’ simple imprisonment and a Rs16.425 million fine under Section 409 PPC (criminal breach of trust by a public servant), and seven years’ simple imprisonment under Section 5(2) of the Prevention of Corruption Act 1947.

The petition argues that convicting them under two separate laws for the same alleged act violates the principle of double jeopardy under Section 26 of the General Clauses Act 1897. It contends that elected public office holders do not qualify as “public servants” under Section 21 PPC, citing PLD 2024 SC 102 and Indian Supreme Court precedent.

Medical grounds are central to the plea. Referencing Supreme Court proceedings on February 10, 2025, where PTI counsel was appointed amicus curiae, the petition cites a report by Dr Muhammad Arif of PIMS showing severe damage to Imran Khan’s right eye due to a blood clot, leaving only 15 per cent vision. Treatment is not possible within jail premises.

The petitioners assert that gifts received from Toshakhana were duly deposited and retained after paying 50 per cent of the value exceeding the Rs30,000 exemption, in line with Toshakhana Policy 2018.

Objections were raised over prosecution witness Sohaib Abbasi being treated as an approver without following Section 337 CrPC procedure, and Syed Inamullah Shah — a material participant — being examined as a routine witness instead of being arrayed as an accused, suggesting mala fide intent.

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The couple remained on bail throughout the trial and complied with all conditions. The accompanying appeal challenges the conviction on substantial questions of law and fact, with no immediate hearing likely, necessitating sentence suspension to prevent “manifest miscarriage of justice.”Separately, Imran Khan and Bushra Bibi have filed petitions for an early hearing of the £190 million corruption case. The registrar’s office is expected to place the matter before a bench next week.

The IHC petitions come amid ongoing concerns over Imran Khan’s health and detention conditions, with the family and PTI insisting on urgent medical intervention and fair legal process. The court has not yet fixed a date for the hearing.

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