The Supreme Court on Wednesday rejected a plea of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan seeking the nullification of his conviction in the Toshakhana sentence to allow him to contest general elections, citing the non-availability of a suitable bench.
With the scrutiny process of nominations for the general elections set to conclude on Dec. 30 (Saturday), it is unlikely that Khan would now be able to contest the Feb. 8, 2024 polls, as the process would have reached the next stage of challenges to nominations by the time a bench is available to hear his case.
The apex court is currently on winter break, with a majority of judges currently on leave, including Chief Justice of Pakistan (CJP) Qazi Faez Isa. During the hearing, acting Chief Justice Sardar Tariq Masood noted that the CJP would be back in office next week, adding the matter could require 3-5 judges to hear it and this could not be accomplished at the present time. He observed a division bench delivered the IHC ruling rejecting the nullification of the verdict, and only a bench of a minimum of three SC judges could hear appeals against it.
To Khan’s lawyer contending that the former prime minister would be ineligible to contest elections if he did not secure any relief before Dec. 30, Justice Athar Minallah remarked no precedent allowed for an entire decision to be suspended if a sentence were suspended. “You want something that has never happened in the history of Pakistan,” he added.
The PTI lawyer, however, said precedent existed in the case of Javed Hashmi. “Do not get into the merits, only a three-member bench can hear the case,” Justice Minallah responded, reiterating there were not enough judges available in Islamabad to form a three-member bench.
“If not Islamabad, then fix the case in Lahore, but fix it,” argued the lawyer, with the acting CJP remarking there was no third judge due to winter break. “Tell us if we should ask someone from here to join the bench,” he remarked, referring to the lawyers in attendance.
Justice Minallah, meanwhile, noted that even if the IHC decision were suspended immediately, there was no use without a suitable number of judges.
Earlier, lawyers for the PTI had requested the court immediately hear the petition seeking nullification of the Toshakhana ruling, stressing Khan’s sentence already stood suspended and denying him the chance to contest general elections due to this disqualification was against his fundamental rights.