New Toshakhana case: Court throws out Imran Khan, Bushra Bibi's bail pleas

RAWALPINDI: A court on Monday threw out the petitions filed by Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife and former first lady Bushra Bibi seeking bail in the new Toshakhana case wherein they face allegations of misuse of powers to acquire state gifts.

During the hearing inside the Adiala jail, where the former PM and first lady also appeared, Special Judge Central Shahrukh Arjumand announced the verdict on the bail pleas filed by the couple.

Today's development comes as the duo is set to be indicted in the said case on October 2 after the National Accountability Bureau (NAB) was barred from pursuing the matter and the case was transferred to the Federal Investigation Agency (FIA) in line with the Supreme Court's verdict restoring amendments to the anti-corruption laws.

The deposed prime minister has been imprisoned for almost a year upon his conviction in four cases — two Toshakhana references, the cipher case, and the Iddat case, in which his wife is also incarcerated.

The new Toshakhana reference against the couple came to the fore after NAB arrested them shortly after a district and sessions court in Islamabad acquitted Khan and Bushra in the iddat case — also known as the un-Islamic nikah case.

During the hearing today, the FIA prosecutor said that the suspects received the Bulgari (Bvlgari) jewellery set from Saudi Arabia and apprised the court that the agency had obtained records of a necklace and earrings from the Ministry of Foreign Affairs.

"According to the records, both items are valued at Rs71.5 million," said the prosecutor adding that the couple got it valued at Rs5.8 million from a private firm.

Requesting the court to deny the couple's bail plea, he further said that the suspects also failed to submit the said jewellery set in the Toshakhana repository — a department under the administrative control of the Cabinet Division that stores precious gifts given to rulers, parliamentarians, bureaucrats and officials by heads of other governments and states and foreign dignitaries as a goodwill gesture.

Representing the PTI founder and former first lady, Barrister Salman Safdar contended that the new Toshakhana case was similar to the previous one with similar allegations and approvers.

Referring to the September 6 SC verdict restoring the NAB amendments, the lawyer said that the Toshakhana case against his clients should come to an end following the top court's ruling.

The court then reserved its verdict, and later announced it after a break in the hearing.

Jewellery set case

The jewellery set — comprising a ring, bracelet, necklace a pair of earrings — was gifted to the former first lady on her visit to Saudi Arabia in May 2021, as per the NAB's reference.

It said the PTI founder and his wife have illegally kept the jewellery set.

It added that the deputy military secretary briefed the Toshakhana section officer to estimate and declare the price of the jewellery set.

The jewellery set, it mentioned, was not deposited in Toshakhana.

The jewellery company sold the necklace for €300,000 and earrings for €80,000 on May 25, 2018. The information regarding the price of the bracelet and ring could not be obtained from the company.

On May 28, 2021, the price of the jewellery set was estimated at Rs70.56 million; the price of the necklace was Rs50.64 million and the price of the earrings included in the jewellery valued at Rs10.50 million back then.

According to the rules, the 50% price of the jewellery set is approximately Rs30.57 million.

The national exchequer suffered a loss of approximately Rs30.28 after the jewellery was undervalued.

As per the reference, the PTI founder and his wife violated the NAB Ordinance. It added that an inquiry was initiated against the former first couple on the instructions of the NAB chairman on August 1, 2022.

"[The] PTI founder and Bushra have misused their powers. [The] PTI founder retained 58 out of 108 gifts during his prime ministership," read the reference.

The 71-year-old cricketer-turned-politician has been in prison for more than a year after he was booked in a plethora of cases, including the Toshakhana case, cipher case, and the un-Islamic marriage case.

Despite securing relief in several cases, the PTI founder remains behind bars after he was booked in the new Toshakhana case and other cases related to the May 9 mayhem.