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Toshakhana case against Imran Khan lacks legal justification, says IHC

MM News Staff by MM News Staff
January 6, 2025
FILE / Pakistan’s former Prime Minister Imran Khan leaves after appearing at the Supreme Court in Islamabad on July 26, 2023.

Photo: Aamir Qureshi AFP via Getty Images

FILE / Pakistan’s former Prime Minister Imran Khan leaves after appearing at the Supreme Court in Islamabad on July 26, 2023. Photo: Aamir Qureshi AFP via Getty Images

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

The judgment, written by Justice Miangul Hassan Aurangzeb, clarified that no legal action could be taken against Imran Khan for not depositing a Bulgari jewelry set in Toshakhana under the existing rules. The court said that, according to the 2018 Toshakhana rules, legal action can only be initiated if a receipt is not submitted, not for failing to deposit the gift itself.

The court emphasized that prosecuting individuals for not depositing gifts, when no such requirement existed, lacks a legal basis.

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The court also referenced the criminal charges initially filed against Imran Khan and his wife, Bushra Bibi, alleging a loss of over Rs32.8 million to the national exchequer due to the undervaluation of the gift. However, the court ruled that the recently implemented 2023 rule, which mandates the deposit of gifts, cannot be applied retroactively.

The judgment further pointed out the lack of evidence showing that Imran Khan directly influenced the valuation process through threats or pressure, dismissing the prosecution’s claims. A key witness, Sohaib Abbasi, was granted immunity by NAB, but the FIA’s stance on his pardon remains unclear.

In granting bail to the 72-year-old PTI leader, the court noted that he had already been in custody for over four months. The IHC directed Imran Khan to attend all upcoming trial proceedings, warning that failure to comply could lead to the cancellation of his bail.

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