IHC issues notice to FIA on acquittal pleas of Imran and Bushra in fresh Toshakhana case – Pakistan

The Islamabad High Court (IHC) on Thursday issued notices to the Federal Investigation Agency (FIA) regarding the acquittal pleas of ex-Prime Minister Imran Khan and his wife Bushra Bibi in the new case Toshakhana.

In that case, the FIA ​​accused the couple of keeping an expensive Bulgari jewelry set gifted by a foreign leader that included a low-cost necklace, earrings, bracelets and rings, saying it caused a loss important to the public treasury.

Today's hearing at the IHC was presided over by newly sworn-in Judge Inaam Ameen Minhas.

The couple was apprehended in the case on July 13, 2024, after being acquitted the same day in the Iddat case. They were indicted in the case by Justice Shahrukh Arjumand of the Central Special Court I on December 15.

Judge Arjumand had already rejected the couple's requests for acquittal in November last year. Subsequently, earlier this month, the couple contacted the IHC to appeal the rejection.

While Bushra was granted bail by the IHC in October 2024, allowing her to be released after almost nine months in detention, the couple's conviction last week in the Al-Qadir Trust case sent her back in prison.

A special court had already issued an arrest warrant last month against the former first lady in this case, for failure to appear in court during the last ten hearings.

Imran was released on bail on November 20, 2024, but has remained incarcerated since August 2023 in a series of court cases that he claims were politically motivated.

In a judgment this month on Imrans' application for bail after his arrest, the IHC said the PTI founder could not be prosecuted for failing to deposit with the Treasury, in accordance with the rules, a Bulgari jewelry set offered by the Saudi crown prince.

Justice Miangul Hassan Aurangzeb had explained that only the presentation of a receipt was obligatory, and not the gift itself, under the Toshakhana Rules, 2018.

The audience

At the start of the hearing, lawyer Salman Safdar appeared as Imran's lawyer and requested the court to pass a stay order on the trial against the couple.

However, Justice Minhas responded that there was no legal precedent for issuing an order to stay criminal proceedings at this stage.

He said he would issue notice on the lawyers' request and would hear from representatives of the other respondents once they arrived.

During the hearing, lawyer Safdar cited various previous judgments to support his arguments.

The prosecution argued that the [Toshakhana] gifts were received and given for valuation, he said, informing that court orders for two sureties in the case were also attached.

The lawyer asked the court to issue an order to stay the trial against the couple, during which Justice Minhas observed that a trial court indicted the two suspects while witness statements were recorded.

The judge said he would send a notice to the other respondents seeking answers. Let's give opinions on this subject [case]he said, assuring Imrans’ lawyer that the case would not be adjourned for too long.

Let us also listen to the other side and then we will see, the judge added, to which lawyer Safdar lamented that this means I am not leaving here with anything. [substantial].

To this, Justice Minhas said: You came here today to [the suspects] acquittal. We can also order the trial court to complete the proceedings soon.

Imran's lawyer responded that the trial was proceeding at high speed and assured the court that he would appear whenever summoned. If the court of first instance can summon me three times, I have the right [to appear here]. There may also be daily hearings, he added.

The lawyer reiterated his request for an order to stay the trial in this case, during which the judge again noted that the court would also hear the other parties.

Subsequently, the court issued a notice to the FIA, seeking a response from it by January 28 and adjourned the hearing till then.

At one point, lawyer Safdar also requested the court that the acquittal pleas be heard by another bench. Recalling that Justice Miangul Hassan Aurangzeb had heard five petitions related to the case, the lawyer requested that the case be transferred to him.

However, Justice Minhas pointed out that the cases heard earlier were bail applications while it was a separate matter. This court will hear the case. You must present arguments on the merits of the case.

The case

After the Supreme Court upheld amendments to the National Accountability Bureau (NAB) laws in September, the case was transferred to a special FIA tribunal from an accountability court.

In its reference filed with the court, the NAB accuses Imran and his wife of illegally retaining the jewelry set gifted to Bushra by the Saudi royal family during their visit to the kingdom in May 2021.

The anti-corruption watchdog further claimed that during his tenure as prime minister, Imran and his wife received a total of 108 gifts from different heads of state and foreign dignitaries.

Among these gifts, they allegedly retained 58 gifts for an undervalued amount of more than Rs142 million. Out of these 108 gifts, the accused retained 58 gift boxes/sets for an undervalued amount of Rs142.1 million as per the assessment of the assessors, the reference said.

Imrans' lawyer previously dismissed the allegations, pointing out that the gifts were acquired under the 2018 Toshakhana policy, with payments made in accordance with customs and valuers' assessments.

As of January 15, Justice Arjuman's court had recorded statements of a total of seven witnesses, and cross-examination of four witnesses was completed.

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