The Islamabad High Court (IHC) on Thursday issued notices to the Federal Investigation Agency (FIA) regarding the acquittal pleas of former Prime Minister Imran Khan and his wife Bushra Bibi in the Tosha Khana case.
In the case, the FIA accused the couple of keeping an expensive Bulgari jewelery set gifted to them by a foreign leader at a reduced price, including a necklace, earrings, bracelet and rings. , saying that it caused a huge loss to the national exchequer.
Today’s hearing at the IHC was presided over by newly sworn-in Justice Inam Amin Minhas.
The couple was arrested in the case on 13 July 2024, the same day after their acquittal in the Iddat case. He was indicted in the case on December 15 by Chief Justice Shahrukh Arjamand of the special court.
Judge Arjamand had already rejected the couple’s pleas for acquittal in November last year. Then, earlier this month, the couple approached the IHC to appeal the rejection.
While Bushra was granted bail in the case by the IHC in October 2024, allowing her to be released after nearly nine months of detention, last week’s conviction of the couple in the Al-Qadir trust case sent them back to jail. .
A special court last month issued an arrest warrant for the former first lady in the case after she failed to appear in court for the previous 10 hearings.
Imran was granted bail in the case on November 20, 2024, but has been incarcerated since August 2023 in several legal cases, which he claims were “politically motivated”.
In a ruling this month on Imran’s post-arrest bail plea in the Tosha Khana case, the IHC ruled that a set of Bulgari jewelery gifted by the Saudi crown prince could not be collected under the law against the PTI founder. A case cannot be prosecuted. .
Justice Mian Gul Hasan Aurangzeb had clarified that under the Tosha Khana Rules, 2018, only the receipt is mandatory, not the gift.
Hearing
At the start of the hearing, Barrister Salman Safdar appeared as Imran’s counsel and pleaded with the court to issue an injunction against the couple.
Justice Minhas, however, responded that there is no legal precedent for issuing an injunction on criminal proceedings at this stage.
He said that he would issue a notice on the request of the counsel and hear the representatives of the other respondents after their appearance.
During the hearing, Barrister Safdar referred to previous court decisions to support his arguments.
“The prosecution has argued that [Toshakhana] The gifts were received and given for assessment,” he said adding that two bail orders were also attached in the case.
The lawyer pleaded with the court to issue an injunction on the prosecution of the couple, to which Justice Minhas remarked that the trial court had indicted the two accused while witness statements were being recorded.
The judge said he would issue notices to the other respondents seeking their answers. “Let’s issue a notice in it. [case]He said, assuring Imran’s lawyer that the case would not be adjourned for long.
The judge added that we will hear the other side and then we will see, to which Barrister Safdar lamented saying that means I am not taking anything away from here. [substantial]”
On which Justice Minhas said that this is why you have come here today. [the suspects’] acquittal We may also direct the trial court to complete the proceedings expeditiously.
Imran’s counsel replied that the trial was proceeding at a fast pace and assured the court that he would appear whenever called. If the trial court can summon me thrice then I am entitled. [to appear here]. Daily hearings may also be held,” he said.
The lawyer repeated the request for an injunction on the proceedings, upon which the judge again remarked that the court would hear other parties as well.
Later, the court adjourned the hearing till January 28 while issuing a notice to the FIA seeking its reply.
At one point, Barrister Safdar also requested the court to hear the acquittal petitions by another bench. Recalling that Justice Mian Gul Hasan Aurangzeb had heard “five petitions relating to the case”, the lawyer requested that the case be transferred to him.
However, Justice Minhas highlighted that the cases which were under hearing earlier. Bail applications while it was a “separate matter”. “This court will hear the case. You should present arguments on the merits of the case.
Case
After the Supreme Court In September, upholding amendments to the National Accountability Bureau (NAB) rules, the case was transferred from the accountability court to the FIA’s special court.
In its reference filed in the court, the NAB accused Imran and his wife of illegally keeping a jewelery set gifted to Bushra during the visit of the Saudi royal family in May 2021.
The anti-corruption watchdog further alleged that as Prime Minister, Imran Khan and his wife received a total of 108 gifts from various heads of state and foreign dignitaries.
Out of these gifts, he allegedly kept 58 gifts at a low price of over Rs 142 million. “Out of these 108 gifts, the accused kept 58 gift boxes/sets worth Rs 142.1 million less than what was estimated by the appraisers,” the reference said.
Imran’s lawyer had earlier denied the allegations, asserting that the gifts were received under the Tosha Khana policy of 2018, which was paid according to customs and assessors’ valuations.
As of January 15, Judge Arjaman’s court recorded the statements of seven witnesses in which the cross-examination of four witnesses had been completed.
