Fmr first lady wins bail but not freedom

Despite IHC order, Bushra's release order did not reach jail

ISLAMABAD:

In a significant development, the capital's high court on Wednesday granted bail to former prime minister Imran Khan's spouse, Bushra Bibi, in a gift-repository case.

However, the former first lady could not be released from Rawalpindi's Adiala Jail, where her husband is also detained, as neither the trial court judge nor his substitute was available to issue her release order.

Earlier, during the hearing, a single-member bench of the Islamabad High Court (IHC), comprising Justice Miangul Hassan Aurangzeb, remarked that the case against Bushra was similar to Justice Qazi Faez Isa's reference.

"In the Isa case, the husband [Isa] was held responsible for the actions of his wife, and in this case, a wife [Bushra] is held accountable for the deeds of her husband [former PM Imran]."

During Imran Khan's rule, a reference was filed against Justice Isa, the incumbent chief justice, for not disclosing his family members' foreign properties in his wealth statement. The Supreme Court later quashed the reference.

Justice Aurangzeb also referred to the case of a British prime minister who took possession of all the gifts presented by foreign dignitaries during his tenure.

"When questioned, he [that PM] replied that he acquired the gifts according to the rules. He was told that while the rules are one thing, your stature also matters," he added.

Justice Aurangzeb was apparently alluding to former UK PM Tony Blair who reportedly left office in 2010 with 76 prime ministerial gifts.

During the argument, the Federal Investigation Agency (FIA) prosecutor stated that the market value of the jewelry item—which Imran and Bushra allegedly acquired without following the rules—cannot be determined without its physical availability.

"This jewelry set was never submitted to the Toshakhana [gifts repository]; it was appraised while still in the couple's possession. The state was never given the opportunity to properly assess its value," he said.

The court remarked that the value should be determined through an auction. It also inquired what would happen if Imran and Bushra returned the Bulgari set now. The prosecutor responded that the NAB law allows for plea bargains, but it is no longer a NAB case.

The FIA's investigating officer added that any gift received by the state must be declared and submitted. "Until it is legally purchased, the gift remains state property. Under the procedure, a gift can be bought within four months after its value is estimated.

"This case concerns a gift that was never submitted. One cannot keep a state-owned gift in their possession before purchasing it."

Justice Aurangzeb noted that in Azerbaijan, there is a museum where such gifts are displayed. "Yasser Arafat's gift of a model of Al-Aqsa Mosque is also there.

"When we visited, we searched for it too, and I saw a photo of Shaheed Benazir Bhutto. Unfortunately, I didn't see any other pictures."

The court then asked the investigating officer if he needed to question Bushra Bibi. The FIA officer replied in the negative.

The IHC later granted bail to Bushra Bibi in the gift case upon submission of surety bonds worth Rs1 million. However, the former first lady remained in custody as her release order did not reach the jail on Wednesday.