Imran, wife get reprieve in gifts case

IHC suspends couple’s sentence in Toshakhana reference; orders authorities to allow them once a week

ISLAMABAD:

In an interesting turn of events, the capital’s high court on Monday suspended the 14-year imprisonment of former prime minister Imran Khan and his wife, Bushra Bibi, in the Toshakhana case on Monday.

The court is set to hear the couple’s appeal against their conviction in the case after Eidul Fitr.

On January 31, just a week before the February 8 general elections, Islamabad Accountability Court-1 Judge Muhammad Bashir found Imran and his spouse guilty of misusing the state's gift repository and sentenced them to 14 years in prison.

The court also imposed a fine of Rs787 million each on the accused individuals in what was described as the most swiftly concluded trial in the history of accountability courts.

Imran and his wife challenged the trial court’s order in the Islamabad High Court (IHC).

A division bench comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard their appeals against the accountability court’s verdict as well as petitions for suspension of their sentences on Monday.

IHC Chief Justice Aamer Farooq noted that the court is currently hearing Imran Khan’s appeal against his conviction in the diplomatic cipher case and therefore cannot hear arguments against his conviction in the Toshakhana case at present.

“The arguments in the cipher case will conclude in two-three hearings. We will take up this case after concluding the cipher case,” he stated.

The couple’s lawyer, Barrister Ali Zafar, contended that this was a separate case and requested the bench to hear preliminary arguments against Imran and Bushra’s conviction in the Toshakhana case.

The judge clarified that the court could only hear arguments on applications seeking suspension of the sentence at present. Zafar, however, insisted on addressing the convicts’ main appeal rather than arguing for sentence suspension.

When Justice Miangul Hassan Aurangzeb asked the National Accountability Bureau (NAB) prosecutor Amjad Pervaiz about the suspension of the couple’s sentence, Pervaiz agreed that there was a case for suspension.

"The court may suspend [Imran and Bushra’s] sentence. However, it cannot hear their appeals in the case out-of-turn,” he added.

Read IHC allows Imran to meet Bushra Bibi on Eid

Justice Miangul Hassan Aurangzeb appreciated NAB’s stance and described it as appropriate. The bench subsequently ordered the suspension of the couple’s sentence.

When the counsel for the PTI founder requested the bench to also suspend the couple’s conviction in the case, the bench replied that the court had already issued an order regarding the rare circumstances in which conviction might be suspended. It noted that the PTI had challenged that order in the Supreme Court, which would now decide the matter.

In a separate development, an IHC bench led by Justice Miangul Hassan Aurangzeb directed authorities to allow PTI founder Imran Khan and his wife Bushra Bibi to meet on Eid day as well as once every week.

Imran is currently detained at Rawalpindi’s Adiala Jail while his wife is confined to Imran’s personal residence at Bani Gala, which was declared a sub-jail after Bushra’s conviction.

The IHC issued this order while hearing Bushra’s appeal seeking her transfer to Adiala Jail.

During the proceedings, the court questioned how authorities could declare a private residence as a sub-jail. It expressed displeasure over the reports submitted by the Islamabad Commissioner and Adiala Jail superintendent enumerating reasons why Bushra should not be transferred to Adiala Jail and allowed to meet her husband.

The court observed that while authorities claim that the jail does not have enough space to accommodate the former first lady, 141 women prisoners have been inducted into the facility since January 31, the day Bushra Bibi was convicted.

The judge pointed out that the argument that the husband and wife meet in court during case proceedings is not valid, as such encounters cannot be considered proper meetings. The court ordered authorities to ensure that the couple meets positively once a week.

The Convictions

NAB's Toshakhana reference alleged that Imran and his wife retained gifts received during their official visits to foreign countries while Imran was prime minister. Instead of following official protocol, they kept the gifts and paid a lesser amount to the treasury.

In another case, a court disqualified Imran Khan on August 5, 2023, and sentenced him to three years in prison for not disclosing gifts he received as prime minister in his statements of assets and liabilities submitted to the Election Commission of Pakistan (ECP).

On January 30, a special court convicted Imran and former foreign minister Shah Mahmood Qureshi in a case related to the misuse of a diplomatic cipher during the final days of the PTI government in March 2022, sentencing them to 10 years in prison each under the Official Secrets Act (OSA), 1923.

The couple was also convicted in a case concerning their marriage, which occurred when Bibi’s mandatory Iddat period was not completed.