IHC finds loopholes in gift case probe

Says when Imran-Bushra acquired Bulgari set, the rules prescribed only submission of receipt

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ISLAMABAD:

The Islamabad High Court (IHC) has noted that there is a need for further inquiry into the allegation that former prime minister Imran Khan and his wife Bushra Bibi violated the state gift repository rules to acquire a precious Bulgari jewelry set.

In its written order on the post arrest bail application of Imran, the court stated that the "procedure for the acceptance and disposal of gifts" contained in the Cabinet Division's office memorandum (OM) dated December 18, 2018 was in force when the said jewelry set was allegedly acquired by Imran's wife.

It said the prosecution laid stress on clause (1) of the said procedure to bring home the point that Imran was not just liable to declare the receipt of the gift but also to deposit the same with the Toshakhana/Cabinet Division, and that such non-deposit entails criminal liability under Section 409 PPC.

"The reason why criminal prosecution is taking place against the petitioner and his wife is that the said jewelry set is alleged to have never been deposited in the Toshakhana/Cabinet Division.

"But prima facie such non-deposit does not entail "appropriate action" under "the relevant rules" in terms of the OM dated December 18, 2018. It is the non-reporting of the receipt of the gift that entails appropriate action under the rules."

It said "In order to overcome this", the Cabinet Division on March 18, 2023 issued an OM, clause (1) of which was substantially the same as clause (1) of the OM dated December 18, 2018 except that the non-deposit of a gift with the Toshakhana within a prescribed time limit was now required to be met with "appropriate punitive action" under "the relevant rules.

"The said OM dated March 18, 2023 was to have effect from February 22, 2023."

Referring to the Federal Investigation Agency special prosecutor, it noted that the prosecutor agreed that the OM dated March 18, 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 OM was issued.

"The fact that the OM dated December 18m 2018 does not make the non-deposit of the gift with the Toshakhana/Cabinet Division liable to 'appropriate action' under 'the relevant rules"," makes the case against the petitioner as one of further inquiry [according to my tentative view],} said the order authored by Justice Miangul Hassan Aurangzeb.

Providing reasons for granting post arrest bail to the accused, the IHC said Imran Khan is 72 years old.

In this case, he was arrested on July 13, 2024 and remained incarcerated at Central Prison, Rawalpindi for more than four months. The Investigation Officer has not felt the need to question the petitioner after the entrustment of the case to FIA.

"Since the reference against the petitioner had earlier been filed before Accountability Court-I, Islamabad, this would mean that the investigation in the case is complete. The charge against the petitioner has not been framed as yet, therefore, the conclusion of the trial is not in sight," it added.