Imran Khan Cannot Be Tried for Failing to Deposit Gift in Toshakhana: Pak IHC

Islamabad: The Islamabad High Court (IHC) has ruled that former Prime Minister Imran Khan cannot be prosecuted under the amended Toshakhana rules for failing to deposit a Bulgari jewellery set gifted by the Saudi crown prince, Dawn reported.

In a detailed 14-page judgement, Justice Miangul Hassan Aurangzeb stated that the 2023 amendments introducing penalties for failing to submit gifts to the state treasury cannot be applied retroactively. The court clarified that, under the Toshakhana rules of 2018, only the submission of a receipt, not the gift itself, was mandatory.

The Federal Investigation Agency (FIA) had initiated criminal proceedings against Khan and his wife, Bushra Bibi, accusing them of undervaluing the jewellery and causing a loss of Rs32.8 million to the national exchequer.

However, the court noted that there were no allegations of "direct threats or pressure" from Khan regarding the undervaluation process. The defence argued that Khan complied with the 2018 rules by submitting the required receipt, and the court found no evidence to suggest otherwise.

Justice Aurangzeb observed significant delays in the trial, pointing out that Khan, despite being detained for over four months, had not yet been indicted, reported Dawn.

The investigation, initially completed by the National Accountability Bureau (NAB), was later transferred to the FIA, but the trial court has made little progress. The court emphasised the need for adherence to bail conditions, requiring Khan to attend all hearings and warning that "misuse of bail can lead to its cancellation."

In the special court handling the Toshakhana case, the FIA prosecutor completed cross-examination of Toshakhana Section Officer Bin Yamin, while Mohammad Ahad, deputy secretary of the cabinet division's coordination wing, also provided testimony. A total of three witnesses gave evidence during the session, and four more prosecution witnesses have been summoned for the next hearing, scheduled for January 8.

Separately, the much-anticipated verdict in the GBP 190 million corruption reference involving Khan has been delayed yet again due to the absence of accountability court Judge Nasir Javed Rana. The decision, initially reserved on December 18, is now expected on January 13.

NAB has alleged that Khan's cabinet approved a confidential deed in 2019 to return GBP 190 million, seized by the UK's National Crime Agency (NCA), to real estate tycoon Malik Riaz.

NAB further claimed that Khan and his wife misused their authority to facilitate this transaction and received billions of rupees and vast land holdings in return, Dawn reported. According to NAB, Malik Riaz's son transferred 240 kanals of land to Farah Shahzadi, while Zulfi Bukhari received land under a trust that did not exist at the time of the transfer. NAB argued that the trust was created only after the funds were adjusted, raising questions about its legitimacy.

(This story is not edited by Republic and is published from a syndicated feed)