ISLAMABAD: Former prime minister Imran Khan and his wife Bushra Bibi have asked the Islamabad High Court (IHC) to suspend their sentences in the Toshakhana-2 (Bulgari jewellery) case, citing serious medical concerns and alleged legal flaws in the trial court’s verdict.
A legal team comprising Advocate Salman Akram Raja and Barristers Salman Safdar, Gohar Ali Khan and Qausain Faisal Mufti filed the petition under Sections 426 and 561-A of the Criminal Procedure Code, 1898. The petition seeks their release until the court decides their criminal appeal.
On December 20, 2025, the Special Court Central-I convicted the couple and sentenced them to 10 years’ simple imprisonment under Section 409 of the Pakistan Penal Code (criminal breach of trust by a public servant), along with a fine of Rs16.425 million. The court also handed down an additional seven-year sentence under Section 5(2) of the Prevention of Corruption Act, 1947.
In their plea, the petitioners argue that convicting them under two separate laws for the same alleged act violates the principle of double jeopardy as protected under Section 26 of the General Clauses Act, 1897. They maintain that the law permits conviction under one applicable provision, not both.
Medical grounds form a key part of the application. The petition cites proceedings before the Supreme Court on February 10, 2025, during which medical findings from the Pakistan Institute of Medical Sciences were presented. According to the report by Dr Muhammad Arif, Imran Khan has suffered severe damage to his right eye due to a blood clot and retains only 15 percent vision in that eye. The petition states that adequate treatment cannot be provided in jail.
The couple also challenge the trial court’s determination that Imran Khan qualifies as a “public servant” under Section 21 of the Pakistan Penal Code. Citing relevant case law, including Supreme Court precedent, they argue that elected public officeholders do not fall within the definition required to sustain a conviction under Section 409 PPC.
Addressing the substance of the Toshakhana 2 case, the petitioners contend that they lawfully retained the gifts after depositing the required payments under the Toshakhana Policy 2018, including paying 50 percent of the value exceeding the Rs30,000 exemption threshold.
The application further questions the prosecution’s handling of witnesses. It alleges that the mandatory procedure under Section 337 of the Criminal Procedure Code was not followed when treating prosecution witness Sohaib Abbasi as an approver. It also asserts that Syed Inamullah Shah, described as a material participant in the alleged transaction, should have been made an accused rather than presented as a prosecution witness — an approach the petition terms selective and mala fide.
The petition highlights that both accused remained on bail throughout the trial and complied fully with court conditions. Their accompanying criminal appeal raises substantial questions of law and fact and, they argue, may not be heard immediately, making suspension of sentence necessary to prevent a miscarriage of justice.
Separately, the former premier and his spouse have also filed petitions seeking early hearings in the £190 million corruption case. Court officials are expected to place the matter before a bench next week.