November 20, 2024
RAWALPINDI: In a major development ahead of the looming November 24 protest by Pakistan Tehreek-e-Insaf (PTI), the Islamabad High Court (IHC) on Wednesday approved the bail plea of party founder Imran Khan in the new Toshakhana case.
IHC's Justice Miangul Hassan Aurangzeb accepted Khan's bail plea against two surety bonds worth Rs1 million each, which must be submitted by separate guarantors.
PTI founder is no longer wanted in any other case within Islamabad's jurisdiction following the latest development.
Meanwhile, the IHC cautioned the ousted prime minister not to "misuse the concession of bail and appear before the trial Court on each and every date of hearing unless a specific exemption is granted."
The bail can be revoked if the petitioner [Imran] does not cooperate with the trial court, it added.
Imran and his wife, Bushra Bibi, were arrested in the case on July 13, shortly after the husband-wife duo was acquitted by a district and sessions court of Islamabad in the iddat case — also known as the un-Islamic nikah case.
Bushra Bibi was released last month from jail in the Toshakhana 2.0 case after spending around nine months behind bars.
The case was previously being heard by the National Accountability Bureau’s (NAB) accountability court, however, it was transferred to the FIA in line with the Supreme Court's verdict restoring amendments to the anti-corruption laws.
During the hearing, the FIA prosecutor voiced concerns over media narratives, claiming that reports had prematurely suggested the approval of bail.
Justice Aurangzeb advised the prosecutor to disregard media speculation, emphasising that the court's decisions would not be influenced by such narratives.
The judge remarked on certain claims made in the media, questioning their credibility. He also inquired about the valuation of a jewellery set, asking how its worth was determined.
Barrister Salman Safdar, representing the PTI founder, responded that the prosecution was responsible for clarifying this matter in court. He also highlighted discrepancies in the receipts, noting that the receipts in question were issued in the name of Bushra Bibi, not the PTI founder.
The defence argued that the prosecution's case relied on testimonies from key witnesses such as Sohaib Abbasi, who had been granted pardon and declared an approver in the case.
Barrister Safdar clarified that Abbasi alleged threats from the PTI founder but denied any direct interaction with either the PTI founder or his wife.
The court further asked whether customs officers involved in the valuation had mentioned any intimidation, to which the defence replied that no such claims had been made by these officials.
The FIA prosecutor argued that the Bulgari jewellery set was not deposited in the Toshakhana and alleged that its undervaluation caused financial harm to the state.
Justice Aurangzeb asked how the PTI founder benefited from the undervaluation, to which the prosecutor responded that his wife’s gain inherently benefited him as well.
Justice Aurangzeb dismissed this logic, questioning such assumptions. "My wife's things are not mine. I don't know what year are we living in."
Barrister Safdar defended his client by stating that all gifts were acquired under the Toshakhana policy of 2018, and the valuation was conducted according to the law.
He added that payments were made as per the policy, and no wrongdoing was evident. Justice Aurangzeb noted that the previous government had withheld Toshakhana details, despite inquiries from the court.
The prosecution highlighted the conduct of the accused during trial proceedings, alleging delay tactics.
The FIA prosecutor presented evidence that Abbasi had submitted an apology for undervaluing the set, which was accepted by the NAB chairman.
The defence, however, criticised the expedited manner in which the FIA had filed its challan, stating that essential aspects of the investigation were overlooked.
As the hearing progressed, the court observed that the Toshakhana case had faced significant delays, with over three years passing before its registration.
Speaking to Geo News, Khyber Pakhtunkhwa government spokesperson Barrister Muhammad Ali Saif welcomed the high court’s decision in Toshakhana 2.0 case, adding that the PTI founder would be released soon in every case.
"All cases against Imran were registered on political grounds," he said, adding that the former premier would lead the Haqeeqi Azadi (real freedom) movement.
Meanwhile, Imran’s counsel Salman Safdar — while speaking to journalists — claimed that all cases against the PTI founder have ended. “To my knowledge, there isn’t any case left, in which he [Imran] has to secure bail,” he noted.
For her part, Aleema Khan, the former premier’s sister, congratulated Safdar for his "two-year struggle". "We trusted Safdar and followed his advice,” she said, hoping that Imran would be released soon.
In a statement, PTI spokesperson Sheikh Waqas Akram also welcomed the decision, saying that Imran would walk free soon in other "fabricated cases" also.
"The incumbent government wanted to pit PTI against the institutions," he said, adding that the Centre was using all tactics against the November 24 protest.
On the other hand, Pakistan Muslim League-Nawaz, the ruling party, reacted to the development, calling the former prime minister a "laadla" (blue-eyed).
The reference filed by the NAB was related to a jewellery set gifted to Bushra by the Saudi royal family when her husband Imran was the prime minister of the country from 2018 to 2022.
The anti-graft watchdog further alleged that during his term as prime minister, Imran and his wife had received a total of 108 gifts from different heads of state and foreign dignitaries.
The anti-graft watchdog alleged that the former first lady received the jewellery set — comprising a ring, bracelet, necklace a pair of earrings — on her visit to Saudi Arabia in May 2021. It said the PTI founder and his wife illegally kept the jewellery set.
The reference states that the deputy military secretary briefed the Toshakhana section officer to estimate and declare the price of the jewellery set, which it mentioned, was not deposited in Toshakhana.
The jewellery company sold the necklace for €300,000 and earrings for €80,000 on May 25, 2018. The information regarding the price of the bracelet and ring could not be obtained from the company.
On May 28, 2021, the price of the jewellery set was estimated at Rs70.56 million; the price of the necklace was Rs50.64 million and the price of the earrings included in the jewellery valued at Rs10.50 million back then.
According to the rules, the 50% price of the jewellery set is approximately Rs35.28 million. The national exchequer suffered a loss of approximately Rs35.28 million after the jewellery was undervalued.