SC registrar returns Imran, Bushra appeals in £190m case with objections
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ISLAMABAD – The Supreme Court Registrar has returned appeals filed by former prime minister Imran Khan and his wife, Bushra Bibi against Islamabad High Court (IHC) order that refused to suspend sentence in the £190 million case. The court documents showed that the registrar raised objections, stating that the appropriate forum to challenge the IHC order is the Federal Constitutional Court (FCC), rather than the Supreme Court. Advocate Salman Safdar, who was representing Imran Khan and his wife Bushra Bibi in the case, contested the objection. He argued that the appeals are maintainable before the Supreme Court under Article 185(3) of the Constitution. The petitions maintain that Article 175A(1)(a) provides for appeals to the Federal Constitutional Court only where such a right is expressly created by law. They argue that while Section 32A of the National Accountability Ordinance (NAO), 1999, allows a second appeal to the FCC against certain High Court decisions under Section 32 of the ordinance, it does not provide an appeal against orders relating to bail or suspension of sentence under Section 9(b) of the NAO read with Section 497 of the Code of Criminal Procedure. The petitions contend that, in the absence of a specific statutory remedy before the FCC, the Supreme Court has jurisdiction to hear the matter under Article 185(3) of the Constitution. Earlier, the Islamabad High Court had disposed of the applications seeking suspension of sentence, observing that since the main appeals had already been fixed for hearing, there was no need to separately adjudicate the interim pleas. In his appeal, Imran Khan stated that he developed an eye-related medical condition during his imprisonment and required treatment outside jail. He further argued that his continued incarceration despite health concerns was unjust and that prolonged solitary confinement had caused severe mental distress. The petitions also allege that the applications for suspension of sentence were d