NAB urges IHC to overturn Imran Khan, Bushra Bibi Toshakhana sentences

NAB prosecutor stated that he disagreed with the manner in which the trial and sentencing were conducted

In the Toshakhana case, Pakistan’s National Accountability Bureau (NAB) has requested the Islamabad High Court to nullify sentences handed down to former prime minister Imran Khan and his wife, Bushra Bibi, and to remand the case for further proceedings.

NAB prosecutor, Amjad Pervez stated that he disagreed with the manner in which the trial and sentencing were conducted, admitting that he had already called for suspending the sentences.

Chief Justice Aamer Farooq and Justice Mian Gul Hasan Aurangzeb presided over the hearing on Thursday, reviewing appeals against the sentences.

Barrister Ali Zafar requested exemption for his clients from appearing in person, to which Justice Farooq responded, “Don’t worry, we’ll order it.” Pervez expressed no objection to the exemption request.

Barrister Zafar argued that the trial process was flawed, describing it as a "jail trial" with rushed proceedings that violated his clients' rights. He highlighted that on January 29, the right to cross-examination was cut short, and Bushra Bibi’s statement was recorded late at night.

He noted that Khan’s statement was not recorded until January 31, and argued that the rushed process had compromised the defence.

Following Zafar's arguments, Justice Farooq directed him to consult further with Imran Khan regarding the prosecutor’s remand request, warning, “If you oppose NAB’s proposal, we will rule on merit.”

Justice Aurangzeb added that if technical errors are ignored, the court could choose between ordering a retrial or addressing the case’s merits directly.

Zafar responded, asserting that the sentencing decision “cannot stand.” The court adjourned the hearing until November 21, instructing Zafar to present a clear stance on NAB’s proposal by then.

Imran, Bushra Bibi’s acquittal pleas dismissed in Toshakhana 2.0 case

A special court in Islamabad on Thursday dismissed acquittal pleas of Imran Khan and Bushra Bibi, in the Toshakhana 2.0 case. Special Judge Central Shahrukh Arjumand announced the verdict, with formal charges expected to be framed on November 18.

Imran Khan attended the court proceedings, while Bushra Bibi was notably absent.

The hearing had previously been postponed to November 14 due to the judge’s unavailability on November 12, the original date set for the decision.

The Toshakhana 2.0 case centres on allegations that Khan, as the PTI founder, and Bushra Bibi retained state gifts without fulfilling legal obligations.

The court deferred the indictment to next week, with a final decision on charges anticipated.

Toshakhana 2.0

Bushra Bibi received the Bulgari jewelry set during a visit to Saudi Arabia from May 7 to 10, 2021. The jewelry set included a ring, a bracelet, a necklace, and a pair of earrings.

During the investigation for the reference, it was found that Imran Khan and Bushra Bibi illegally retained the Bulgari jewelry set.

On May 18, 2021, the Deputy Military Secretary informed the Section Officer of Toshakhana to assess and declare the value of the jewelry set, but it was not deposited.

According to the reference, Bulgari had sold the necklace to the Saudi Arabian franchise Solugent Trading on May 25, 2018, for 300,000 euros and the earrings for 80,000 euros.

However, the prices of the bracelet and ring were not available. On May 28, 2021, the total value of the Bulgari jewelry set was approximately Rs75,661,600. The necklace was valued at Rs56,496,000, and the earrings at Rs15,065,600.

According to Toshakhana rules, the jewelry set's value, after paying 50 percent, should be Rs35,765,800. However, the NAB reference added that by undervaluing the jewelry set, a loss of Rs32,851,300 was incurred to the national treasury.

The PTI founder, along with Bushra Bibi, violated Section 9 and Subsections 3, 4, 6, and 12 of the NAB Ordinance 1999.