Toshakhana case: All that you need to know

In a major legal victory for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, the Islamabad High Court (IHC) suspended the sentence awarded to him in the Toshakhana case and ordered his release on bail.

The former prime minister was arrested from his Lahore residence on August 5 after a local court in the federal capital convicted him for corrupt practices linked to the state gift repository, and has since been incarcerated in Attock jail.

Subsequently, Khan — who has been disqualified from holding any public office due to the conviction — had petitioned the high court against the Additional District and Sessions Judge (ADSJ) Humayun Dilawar decision to convict him in the Toshakhana case filed by Election Commission of Pakistan (ECP).

What is Toshakhana?

Established in 1974, Toshakhana is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats and officials by heads of other governments and states and foreign dignitaries as a goodwill gesture. 

It has valuables ranging from bulletproof cars, gold-plated souvenirs and expensive paintings to watches, ornaments, rugs and swords.

What is the case?

Under the rules governing Toshakhana — a Persian word meaning "treasure house" — government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.

The Toshakhana has been under a microscope ever since the emergence of the allegations that Khan purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.

The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).

The gifts included watches given by a royal family, according to government officials, who have alleged previously that Khan's aides sold them in Dubai.

Moreover, seven wristwatches, six made by watchmaker Rolex, and the most expensive a "Master Graff limited edition" valued at 85 million Pakistani rupees ($385,000), were also among the gifts.

A reference was forwarded by National Assembly Speaker Raja Pervez Ashraf to the Election Commission asking it to probe the matter.

In October 2022, the electoral body declared the former premier guilty of corrupt practices and filed a complaint in an Islamabad court.

A timeline of Toshakhana case

On October 21, 2022, the ECP maintained that the former prime minister made “false statements and incorrect declarations” about the gifts and disqualified him under Article 63(1)(p) of the Constitution.

Subsequently, the election watchdog moved a sessions court in the federal capital, seeking criminal proceedings against the PTI chief for allegedly misleading the ECP regarding gifts received from foreign dignitaries while he was in office.

The trial court indicted the PTI chairman on May 10 and rejected his petition to declare the case inadmissible.

On July 4, the IHC overturned the trial court's ruling and directed it to rehear the petitioner and decide the matter within seven days.

On July 8, ADSJ Dilawar declared the Toshakhana case against Khan as maintainable, which was again challenged in the IHC.

During the trial proceedings, Khan’s lawyers also accused the presiding judge of bias on the basis of his Facebook posts and sought the transfer of the case.

On August 2, the trial court rejected the list of witnesses presented by the PTI chairman, stating that he failed to prove their “relevance” in the criminal proceedings against him. It was also challenged in the high court.

However, the PTI chairman again moved the high court seeking a stay and transfer of the case to another court.

On August 4, IHC Chief Farooq referred the matter back to the trial court with a direction to re-examine the jurisdiction and any procedure lapse in the filing of the complaint by the Election Commission.

On August 5, the trial court found the former prime minister guilty of misdeclaration of state gifts.

Today, the IHC announced the short verdict that it reserved a day earlier wherein it directed the authorities to release the PTI chief on bail.

According to sources, the PTI chief has been directed to submit a surety bond of Rs100,000 against the bail.