IHC says Toshakhana-II case needs ‘further inquiry’

ISLAMABAD: The Islamabad High Court (IHC) has issued the detailed verdict on the bail plea of founder of Pakistan Tehreek-e-Insaf (PTI) Imran Khan in Toshakhana-II case. The IHC has declared that the case needs “further inquiry”.

Justice Miangul Hassan Aurangzeb issued a detailed 14-page verdict with reasons.

“No action can be taken on failure to deposit the Bulgarian set gift in Toshakhana. According to the rules, action could have been taken on failure to deposit the gift receipt,” the IHC said, adding that since the current case is not dealing with the receipt, it requires further inquiry.

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Former prime minister Imran Khan and his wife Bushra Bibi are accused of not depositing the gift of Bulgarian jewelry set from the Saudi Crown Prince in Toshakhana. Criminal proceedings have been initiated against Imran and Bushra as well.

According to the prosecutor, Imran Khan and Bushra Bibi have violated the procedure by not depositing the gift. “A criminal breach of trust was committed by not depositing the gift in the Toshakhana,” the prosecutor’s stance says.

The IHC noted down these statements of the prosecutor, adding that there is also an allegation of reducing the recorded price of the gift against both Imran and Bushra. It is alleged that the national treasury was damaged by getting the jewelry set at a lower price.

According to the ​​challan submitted by the Federal Investigation Agency (FIA), it was necessary to submit the gift along with the receipt. However, “according to the Toshakhana Rules of 2018, it was necessary to submit only the receipt, not the gift,” the IHC said in the detailed verdict.

The court said that there has been no denial to Imran Khan submitting the receipt to the Toshakhana through his then-deputy military secretary. “Prima facie, action could not have been initiated for not depositing the gift,” the IHC said.

The detailed verdict noted that in 2023, the Cabinet Division amended the Office Memorandum to get out of this matter. The amendment was done to take action for not submitting gift in lieu of receipt. However, the amended memorandum could not be implemented retrospectively.

FIA prosecutor also admitted that the Office Memorandum cannot be applied to the deed done two years ago. According to the court’s provisional determination, the Toshakhana II case is a case for further inquiry, the IHC reiterated.

The prosecutor had emphasised that Imran Khan was also convicted in Toshakhana I case and therefore is not entitled to bail. But the sentence in Toshakhana I case was suspended due to the failure of National Accountability Bureau’s (NAB) prosecutor to object.

The NAB prosecutor has also requested to quash the sentence and remand it due to irregularities in the Toshakhana I case, the IHC verdict noted, adding that the FIA prosecutor found the influence of the Imran Khan in undervaluing the gift.

The IHC said that it is not FIA’s case ​​that whether Imran Khan or Nushra Bibi directly threatened or pressured for reducing the price of the gift, adding that “so far the statement of Sohaib Abbasi – who determined the price of the gift – has not been recorded before the trial court”.

The IHC said that Abbasi became a promised witness in the case after receiving forgiveness from the NAB chairman. Nothing has come out regarding Sohaib Abbasi’s forgiveness from the FIA ​​officials.

The IHC said that both the accused were accused of receiving a graph jewelry set. The receipt for depositing the gift money was issued in the name of Bushra Bibi, not Imran Khan. The founder of PTI is 72 years old and was detained for more than four months in this case.

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The detailed verdict notes that after the case was transferred to the FIA, the investigation officer did not feel the need to question Imran Khan. The reference against Imran was filed by NAB This means that the investigation has been completed, the verdict said.

Imran Khan has not been charged yet, but the trial does not seem to be over soon, the IHC said, adding that the documentary evidence of the case is already in the possession of the prosecution, and there is no fear of tampering.

Imran Khan should not misuse the bail concession and appear in the trial court at every hearing, the IHC said adding that if he misuses the bail, the prosecution can file a petition for cancellation of the same.