Imran Khan's prosecution in Toshakhana, cipher cases sans legal basis: UN report

The United Nations Working Group on Arbitrary Detention stressed that the Pakistan TehreekeInsaf PTI founder Imran Khans detention and prosecution in the first Toshakhana case and Cipher case were without legal basis and were politically motivated reported DawnThe UNs report further stated that his detention in these cases was politically motivated to exclude him from competing in the political arenaAccording to the first Toshakhana case Imran had deliberately concealed details of the gifts he retained from the Toshaskhana a repository where the gifts handed to government officials from foreign officials are kept during his time as the prime minister and proceeds from their reported salesMeanwhile the second Toshakhana case concerns a reference against Imran Khan and his wife Bushra Bibi for retaining a jewellery set received from the Saudi crown prince against an undervalued assessment reported DawnEarlier on August 5 last year a trial court in Islamabad convicted the PTI founder in the first case filed by the Election Commission of Pakistan ECP and jailed him for three yearsHe was then arrested by Punjab police later that same day from his Zaman Park residence in LahoreLater the ECP disqualified him for five years following his convictionHowever the Islamabad High Court later suspended his threeyear sentenceNotably the UN body had adopted its opinion on the PTI founders detention in its 99th session from March 1827 according to the document posted on June 18 as reported by DawnThe report listed many legal inconsistencies and irregularities in the various court proceedings of the PTI founder adding that it was rendering its opinion on whether Imran Khans detention was arbitraryIt said that based on its sources detailed and unrebutted submissions regarding the ultra vires nature of the prosecution in the first Toshakhana case as well as the context of the political repression of Imran and his party in which that prosecution occurred the working group concludes that his detention had no legal basis and appears to have been intended to disqualify him from running for political office Thus from the outset that prosecution was not grounded in law and was reportedly instrumentalised for a political purposeIt stressed that how Imran was convicted in the first Toshakhana case namely a summary judgment delivered in absentia and his subsequent arrest by law enforcement personnel who broke into his residence and assaulted him and his staff were concerning and compounded the illegality reported DawnThe working group further said that Imrans prosecution in the cipher case lacks a grounding in law as his actions do not appear to have violated the Official Secrets Act as was apparently corroborated by the intelligence services according to the sources unrebutted submissionsRegarding his sentences in the second Toshakhana case and the Iddat case the UN group stated The working group cannot but observe the coincidence in the timing of the four prosecutions which effectively prevented Mr Khan from contesting the general election originally scheduled for November 2023It further summarised that noting the convergence of factors that appear to be aimed at removing Mr Khan from contesting the election and restricting his partys fair participation in the election and in the absence of any response from the government the working group finds that at the very least Mr Khans arrest detention and prosecution in the first Toshakhana case and the cipher case were without any legal basis and would appear to be politically motivated to exclude his participation in the electionThe working group noted that in the absence of any rebuttal from the government it would appear that the prosecutions brought against Khan are related to his leadership of the PTI and indicate a determination to silence him and his supporters and exclude their political participation adding that it was evident that the basis of his subsequent arrest and detention was his exercise of freedom of assemblyConcluding its opinion the working group said that Imrans deprivation of liberty was arbitrary and requested the government to take the steps necessary to remedy the PTI founders situation without delay and bring it into conformity with the relevant international normsThe working group considers that taking into account all the circumstances of the case the appropriate remedy would be to release Mr Khan immediately and accord him an enforceable right to compensation and other reparations in accordance with international law Dawn reportedThe working group urges the government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr Khan and to take appropriate measures against those responsible for the violation of his rights the opinion saidReacting to the working groups opinion the PTI termed it a huge developmentImran is currently incarcerated in the Iddat case at Adiala Jail His sentences in the two Toshakhana cases were suspended while he was acquitted by the Islamabad High Court in the cipher case reported DawnThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever