LEGAL
The Islamabad High Court has granted bail to former Prime Minister Imran Khan in the Toshakhana-II case, while simultaneously ruling that the case be considered for further inquiry. This decision comes after the court examined the details surrounding the non-deposit of a Bulgarian jewelry set, which was a gift from the Saudi Crown Prince.
The detailed decision, written by Justice Mian Gul Hassan Aurangzeb, stated that no action could be taken against Imran Khan and his wife, Bushra Bibi, for not submitting the Bulgarian gift to the Toshakhana as per the 2018 Toshakhana rules. The court highlighted that the rules only required the submission of the receipt, which was duly submitted by Imran Khan through the Deputy Military Secretary. Therefore, no legal action could be initiated based on the non-deposit of the actual gift, and the case was declared one of "further inquiry."
The case had previously involved allegations that the PTI founder and his wife violated the Toshakhana rules by failing to submit the gift, resulting in a breach of trust and a financial loss to the national treasury. Additionally, there were claims that the couple pressured officials to reduce the price of the gift, which was allegedly valued at a lower amount, causing a loss of 32.8 million rupees to the national exchequer.
The court also took note of the 2023 Office Memorandum issued by the Cabinet Division, which amended the rules to impose action for non-deposit of the gift. However, the Islamabad High Court ruled that this amendment could not be applied retroactively to an incident that occurred two years prior, reinforcing its position that the case is one for further inquiry and not yet ready for trial.
The Islamabad High Court also expressed concern over the long delays in the investigation, pointing out that the prosecution had completed the investigation but had not yet indicted the accused. Furthermore, the court highlighted that Imran Khan, who is 72 years old, had already spent over four months in custody.
In the Toshakhana-II case, Imran Khan and Bushra Bibi are accused of receiving a valuable jewelry set without submitting it to the Toshakhana, a situation that has sparked legal proceedings since 2024. The case was transferred to the FIA after the Supreme Court’s decision on NAB amendments, and the FIA has been leading the investigation into the illegal possession and sale of several gifts, including watches.
Despite the bail, the Islamabad High Court emphasized that Imran Khan must attend all hearings and not misuse his bail. If he fails to comply, the prosecution can file a petition for the cancellation of his bail.
In the latest court session, which took place at Adiala Jail, the cross-examination of the third prosecution witness was completed, and the statement of the fourth witness, Deputy Secretary of the Cabinet Division, Muhammad Ahad, was recorded. The hearing has been adjourned until January 8, 2025, when the lawyers will continue with the cross-examination.
This decision follows a significant ruling by the Islamabad High Court, which granted bail to Imran Khan in the Toshakhana-II case, highlighting the legal complexities and ongoing investigation into the former Prime Minister's alleged misconduct regarding the non-deposit of state gifts.