Toshakhana, £190mn cases: IHC seeks reply from NAB on Imran's pleas challenging jail trial

• Imran Khan challenges appointment of accountability judge as well.
• Justice Miangul Hassan Aurangzeb, Arbab Tahir hear the case.
• Only former PM’s cases are being expedited, says Latif Khosa.

ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued a notice to the National Accountability Bureau (NAB) and secretary interior on Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s pleas challenging his jail trial in the references pertaining to Toshakhana gift and £190 million embezzlement, Geo News reported.

Declaring the pleas admissible, the IHC has sought a reply from the NAB and secretary by January 22 (Monday). The high court directed to fix the case for hearing on Monday before the available bench. 

IHC Justice Miangul Hassan Aurangzeb and Justice Arbab Tahir conducted the hearing of the petitions.

The PTI founder’s lawyer, Latif Khosa said the National Accountability Court (NAB) filed the Toshakhana case in the accountability court on November 20 and the prison trial notification was issued a month prior to the filing of the reference.

“Hearing into the Toshakhana reference has been being held daily since December 23, 2023. The relevant court’s judge has to begin the jail trial process as per the law and this court has issued an order regarding implementation of that process,” he said.

Justice Miangul Hassan asked why he challenged the notification so late as it was issued in November and he filed a plea against the notification in January.

The PTI founder’s lawyer replied they came to know about the reference after a summon was issued to his client.

Justice Miangul Miangul said they only had to ensure that the case’s process was right. It did not matter for them if the trial was held in the court or jail, he said.

Khosa said there was no suggestion from the concerned judge and he did not direct to hold prison trial for security reasons.

The IHC judge said a short order in this regard was already available. It was a judicial order that should have been seen, he added. 

Khosa asked if the federal government was positive that reference would be lodged, while it could have been dropped too.

On this occasion, Imran Khan challenged the appointment of the accountability judge as well.

Khosa said the judge was appointed on deputation and his retirement was closer. The judge was holding hearing on a daily basis to settle the trial, he said.

The lawyer said only the former prime minister’s cases were being expedited, while there was no progress on the rest of the cases.

Justice Miangul said Toshakhana was a safe of the government and the federal cabinet secretary was its keeper. The cabinet secretary had opened Toshakhana’s door for all, he said.

He said the articles kept in Toshakhana were put on sale, from 20% to 50% off. An order would be passed regarding this issue, he said adding that the gifts were state properties and they should remain with it.

The IHC judge said the politicians should better start returning the gifts to the state.

On January 9, an accountability court had indicted Imran Khan and his spouse Bushra Bibi in the Toshakhana reference filed against them by the National Accountability Bureau (NAB).

The decision was announced during a hearing in Adiala jail — where the former prime minister is currently incarcerated in the case.

A five-member special prosecution team of the anti-graft watchdog had perused the reference against the duo.

Accountability court Judge Muhammad Bashir had conducted the hearing of Toshakhana and £190 million cases in the prison.