Toshakhana, £190m cases: NAB issued notice on Imran Khan's pleas challenging jail trial

ISLAMABAD: The Islamabad High Court (IHC) has issued notice to the National Accountability Bureau (NAB) and secretary interior after declaring Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s pleas “admissible” that contested his jail trial in the corruption references pertaining to Toshakhana gift and £190 million embezzlement.

IHC Justice Miangul Hassan Aurangzeb and Justice Arbab Tahir conducted the hearing of the petitions on Thursday.

The high court sought a reply from the anti-corruption watchdog and the secretary interior by January 22 besides directing to fix the next hearing on Monday before the available bench.

The PTI founder’s lawyer, Latif Khosa said the anti-graft body filed the Toshakhana case in the accountability court on November 20 last year and the prison trial notification was issued a month prior to the filing of the reference.

“Hearing into the Toshakhana reference has been being held daily since December 23, 2023. The relevant court’s judge has to begin the jail trial process as per the law and this court has issued an order regarding implementation of that process,” he said.

Justice Miangul asked why he challenged the notification so late as it was issued in November and he filed a plea against the notification in January.

The PTI founder’s lawyer replied they came to know about the reference after a summon was issued to his client.

The judge said they only had to ensure that the case’s process was right. It did not matter for them if the trial was held in the court or jail, he said.

Khosa said there was no suggestion from the concerned judge and he did not direct to hold prison trial for security reasons.

"A short order in this regard was already available," the IHC judge observed, adding it was a judicial order that should have been seen.

The PTI counsel asked if the federal government was positive that the reference would be lodged, while it could have been dropped too.

On this occasion, the ousted prime minister challenged the appointment of the accountability judge as well.

Khosa said the judge was appointed on deputation and his retirement was closer. The judge was holding hearings on a daily basis to settle the trial, he said.

The lawyer said only the PTI founder's cases were being expedited, while there was no progress on the rest of the cases.

Justice Miangul said Toshakhana was a safe of the government and the federal cabinet secretary was its keeper. The cabinet secretary had opened Toshakhana’s door for all, he said.

He said the articles kept in Toshakhana were put on sale, from 20% to 50% off. An order would be passed regarding this issue, he said adding that the gifts were state properties and they should remain with it.

The IHC judge remarked that the politicians should better start returning the gifts to the state.

On January 9, an accountability court had indicted ex-premier Khan and his spouse Bushra Bibi in the Toshakhana reference filed against them by the NAB.

The ruling was given during a hearing in Adiala jail — where the former prime minister is currently incarcerated in the case.

A five-member special prosecution team of the anti-graft watchdog had perused the reference against the duo.

Accountability court Judge Muhammad Bashir had conducted the hearing of Toshakhana and £190 million cases in the prison.

Khan — along with his wife and other party leaders — are facing a NAB inquiry related to a settlement between the PTI government, and the property tycoon, which reportedly caused a loss of £190 million to the national exchequer.

As per the charges, the former premier and other accused allegedly adjusted Rs50 billion — £190 million at the time — sent by Britain’s National Crime Agency (NCA) to the Pakistani government as part of the agreement with the property tycoon.