The Islamabad High Court (IHC) on Thursday issued notices to the Federal Investigation Agency (FIA) regarding acquittal pleas submitted by former Prime Minister Imran Khan and his wife Bushra Bibi in the Toshakhana case.
The case involves allegations that the couple retained an expensive Bulgari jewellery set — gifted by the Saudi crown prince — at an undervalued price, causing a significant loss to the national exchequer.
The hearing was presided over by Justice Inaam Ameen Minhas, who was recently sworn in. Imran’s counsel, Barrister Salman Safdar, appeared before the court, requesting a stay order on the trial proceedings against the couple. Justice Minhas, however, stated that legal precedents do not allow a stay order at this stage of criminal proceedings.
Barrister Safdar cited previous court judgments to support his arguments, stating that the gifts were received and appraised under Toshakhana rules of 2018. Justice Minhas remarked that the trial court had already indicted the couple and was recording witness statements, stressing the importance of hearing from the other parties involved.
The court subsequently issued a notice to the FIA, seeking its response by January 28, and adjourned the hearing.
Background of the Case
The Toshakhana case gained prominence when the FIA accused Imran Khan and Bushra Bibi of illegally retaining the Bulgari jewellery set and other gifts during their official tenure. NAB originally investigated the case, which was later transferred to an FIA special court following amendments to NAB laws in September.
The case alleges that the couple received 108 gifts from foreign dignitaries during Imran Khan’s tenure, of which they retained 58 gifts for an undervalued sum of over Rs142 million. Imran’s counsel has consistently denied the charges, asserting that all acquisitions complied with Toshakhana policies and were paid for based on valuations by customs and appraisers.
Legal Developments
The couple was apprehended in the Toshakhana case on July 13, 2024, following their acquittal in the Iddat case earlier that day. They were indicted by Special Court Central-I Judge Shahrukh Arjumand on December 15, 2024.
Bushra Bibi was previously granted bail in the Toshakhana case in October 2024, but she was sent back to jail following her conviction in the Al-Qadir Trust case last week. Imran Khan, despite securing bail in this case on November 20, 2024, remains incarcerated due to a series of other legal cases, which he claims are politically motivated.
Earlier this month, Justice Miangul Hassan Aurangzeb of the IHC, while hearing Imran’s post-arrest bail petition, ruled that Toshakhana rules of 2018 only required the submission of a receipt, not the physical deposit of gifts in the state treasury.
Arguments and Court Remarks
During Thursday’s proceedings, Barrister Safdar expressed concerns over the rapid pace of the trial and reiterated his plea for a stay order. Justice Minhas, however, emphasized that the trial court’s proceedings would not be halted without hearing from the respondents.
Justice Minhas assured the defense that the case would not face undue delays, adding that the court could also direct the trial court to expedite proceedings. Meanwhile, Barrister Safdar requested that the case be transferred to another bench, citing Justice Miangul Aurangzeb’s familiarity with related matters. Justice Minhas declined the request, stating that the earlier cases were bail applications, while this matter pertained to acquittal pleas.
Next Steps
The IHC has sought a response from the FIA by January 28 and directed all parties to appear for the next hearing. As of January 15, the trial court has recorded statements from seven witnesses, completing cross-examinations of four.
