To any impartial, apolitical analyst, Pakistan remains in a state of constant political and economic flux. Matters for one of the world’s most populous countries have gotten worse as popular celebrity politician, Imran Khan has been sentenced to three years in jail over selling state gifts and fined Rs. 100,000 under section 174 of the Election Act by the Islamabad High Court. The development is not new in contemporary Pakistan, where arbitrary arrests, forced incarcerations, and disappearances have become the norm. Imran himself was previously arrested inside the Islamabad High Court by the National Accountability Bureau (NAB) in May 2023, only for the Supreme Court to intervene and declare the arrest unconstitutional. The relief provided to him by the apex court was subsequently and quickly censured by the ruling Pakistan Democratic Movement government which then accused the Chief Justice of Pakistan, Umar Ata Bandial of being partisan. Khan’s arrest in August 2023 however, has once again exposed the country’s glaring political and legal fault lines which brings the upcoming 2023 elections into question. 

The merits of the case aside, the Pakistan Tehreek I Insaaf has been subject to state-sponsored clampdowns which have stifled its ability to regain lost ground after it was constitutionally overthrown in a 2022 non-confidence motion. Senior leaders such as former Minister of Human Rights, Shireen Mazari, Former Minister of State for Parliamentary Affairs Ali Mohammad Khan, and Minister of Information and Broadcasting Fawad Chaudhry were all incarcerated or pressured over allegedly being engaged in ‘anti-state activities.’ Furthermore, dissidents who had earlier left the PTI along with new defectors created the Istekham- E-Pakistan party headed by the CEO of the JDW Group, Jehangir Tareen. These developments indicate that there is a concerted attempt by the state to break the party’s foundations and prevent it from contesting the 2023 elections. 

Adding to these events are a record of 150 legal cases on Khan since he left office which include charges of sedition, corruption, and terrorism. To his credit, however, Khan opted to face the courts albeit arbitrarily, given threats to his life and an attempted assassination attempt in November 2022, prompting him to cite security concerns for not attending proceedings. Regardless, the ‘Toshakhana’ or Persian for ‘Treasure House’ case has hung over him like a Damocles Sword as he was accused of making false declarations to the Election Commission on gifts he received from foreign governments and officials when he was Prime Minister. The accusation involves purchasing and selling gifts amounting to $635,000 including a ‘Master Graff Limited Edition’ of the Rolex watch worth $385,000. Unsatisfied with his response, the Islamabad High Court awarded him a jail sentence in August 2023.  

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Amid all this, there is a problem, and a serious one at that. Imran’s arrest like most anti-PTI campaigns within Pakistan is being advocated for by a government that itself violated constitutionality and made a mockery of justice and accountability. In an attempt to defang Imran and his party, the ruling government violated the Supreme Court’s earlier orders in Suo Moto Case no.1 of 2023 whereby holding elections on two provincial assemblies of Khyber Pakhtunkhwa and Punjab after they were dissolved by the PTI government was mandatory. Instead of implementing the apex court’s orders, the government resorted to clipping the Suo moto discretionary powers of the Chief Justice of Pakistan which are otherwise granted under Article 184 (3) of the constitution. As per the verdict issued by the Supreme Court, elections were to be held after 90 days since the dissolution of the provincial assemblies. 

Fast forward to 2023, there are no signs of elections despite the fact that as per Article 224 (2) of the constitution of Pakistan, a general election has to be held within a period of 90 days while the dissolution of the assembly by the governor requires the same as per Article 105 (3).  Instead, the government has resorted to prolonging the tenure of the caretaker set up which based on the constitution alone, is illegitimately running the country. Additionally, arguments are presented on the need to create new constituency boundaries and a new census. The decision at the Council of Common Interests (CCI) to approve the 2023 census unanimously for example, can be best described as a delaying tactic which again demonstrates that the PDM government lacks legitimacy to run Pakistan. 

Then comes Imran Khan’s arrest and three-year jail sentence. While there is little doubt that the former Prime Minister needs to be answerable in the Toshakhana case, a glaring procedural lacuna in the trial questions the legitimacy of the IHC verdict.  According to lawyer Rida Hosain, Article 10A of the Constitution guarantees an absolute and unqualified right to a fair trial which includes an opportunity to defend the case, prepare the defense and be heard by an independent and impartial judge. She further states that the manner in which the case was conducted raises serious questions on the credibility of the trial. Lawyer Abdul Moiz Jaferii echoed these concerns by stating that the verdict is ridiculous while Muhammad Ahmad Pansota stated that the judgement reeks of vengeance and mala fide intent. Given what Imran and the PTI has gone through, these observations carry credibility. 

The fact that Imran was not allowed to present his defense through evidence from witnesses proving his innocence is precisely what makes this entire judgment by the IHC a farce. It indicates that there is a serious ploy to remove Imran Khan from the electoral race and puncture his credibility as a politician. However, given that the PDM government has already violated the apex court’s orders of holding elections within 90 days, is it in any position to cry victim?  

With the future of the Pakistani elections of 2023 remaining in limbo, the answer is no.