Focus Shifts to IHC After Imran Khan and Bushra Bibi’s Conviction
ISLAMABAD:Following the conviction of Pakistan Tehreek-e-Insaf (PTI) leader Imran Khan and his wife Bushra Bibi in the £190 million Al-Qadir Trust case, attention is now on the Islamabad High Court (IHC) as it prepares to hear their appeals. The composition of the IHC bench that will handle these cases is crucial, as previous appeals by Imran Khan against convictions were heard by benches led by IHC Chief Justice Aamer Farooq, which had either suspended or overturned those convictions.
For instance, the conviction in the cypher case was overturned by a bench under Justice Aamer Farooq. The PTI has raised concerns about the recurring assignment of such cases to benches led by the Chief Justice and has questioned whether this signals bias. Imran Khan himself has sought the recusal of IHC CJ Farooq, citing perceived bias in handling his cases.
Imran Khan also filed a formal complaint against Chief Justice Farooq with the Supreme Judicial Council (SJC), alleging that the IHC CJ violated his oath of office and judicial conduct. The complaint claims that the Chief Justice’s actions resulted in a denial of a fair trial and due process, violating his constitutional rights under Articles 4, 9, and 10A.
The PTI leader further accused the IHC Chief Justice of ignoring requests from fellow judges to prevent interference by state agencies in court matters or even facilitating such interference.
The government, meanwhile, has expressed concern about the letter from six IHC judges and the impact it may have on the judiciary’s independence. Following this, the Judicial Commission of Pakistan (JCP) approved the nominations of two new judges for the IHC, fueling speculation that they may be included in the bench handling the appeals of Imran Khan and Bushra Bibi.
The Chief Justice typically does not assign high-profile cases to newly appointed judges, which raises questions about the potential inclusion of these judges in the ongoing cases.
In related developments, the JCP held two separate meetings on Friday to consider nominations for additional judges at both the IHC and Balochistan High Court (BHC). Chaired by Chief Justice Yahya Afridi, the commission nominated Muhammad Azam Khan and Inaam Ameen Minhas for the IHC, while Muhammad Asif and Muhammad Ayub Khan were nominated for BHC. The JCP also nominated Muhammad Najam-ud-Din Mengal for BHC, although some nominations failed to secure the required majority for finalization.
The statement from the SC registrar’s office clarified that nominees who did not secure the necessary majority could be reconsidered for future vacancies.
