Prima facie, non-deposit of gift in Toshakhana doesn't entail action: IHC

• Jailed Imran granted bail in new Toshakhana case in November
• Cabinet Divisions OM was to have effect from Feb 22, 2023: IHC
• Khan's bail plea accepted against 2 surety bonds worth Rs1m each.

ISLAMABAD: The Islamabad High Court (IHC) has issued a detailed verdict of granting bail to PTI founder Imran Khan in new Toshakhana case, stating that prima facie, the non-deposit of gifts in state depository does not entail “appropriate action” under the relevant rules.

IHC's Justice Miangul Hassan Aurangzeb issued the detailed verdict on the bail application of incarcerated former premier — who has been behind bars since August last year after he was sentenced in Toshakhana case-1, one of the dozens of cases registered against Khan since his ouster from power in April 2022. 

In the detailed ruling, Justice Aurangzeb stated: “Prima facie such non-deposit does not entail appropriate action under the relevant rules in terms of the O.M. [Cabinet Division’s Office Memorandum] dated 18.12.2018.”

The court noted that the Cabinet Divisions' OM dated March 18, 2023 was to have effect from February 22, 2023.

“FIA special prosecutor submitted very fairly that the said OM dated 18.03.2023 does not have retrospective effect so as to be made applicable to the case against the petitioner which took place almost two years before the said O.M. was issued.”

The court further noted: “The fact that the OM does not make the non-deposit of the gift with the Toshakhana /Cabinet Division liable to “appropriate action” under “the relevant rules,” this would, in my tentative view, make the case against the petitioner as one of further inquiry.”

In November last year, the IHC approved the bail plea of the PTI founder in the new Toshakhana case.

The court accepted Khan's bail plea against two surety bonds worth Rs1 million each.

Khan and the former first lady Bushra Bibi were taken into custody in the case on July 13, 2024, the same day the couple was acquitted in the Iddat case. However, Khan’s wife secured bail in the case from the IHC in October last year.

Toshakhana 2.0

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.i