Trial court can revoke Bushra's bail in new Toshakhana case, rules IHC

ISLAMABAD: The Islamabad High Court (IHC) on Thursday said that the bail of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's wife Bushra Bibi can be revoked by the trial court over her absence from the new Toshakhana case hearings.

Hearing a petition filed by the Federal Investigation Agency (FIA) seeking the annulment of Bushra's bail in the said case, the court remarked: "The [relevant] trial court can rescind a suspect's bail if he/she fails to appear after getting bail from the high court".

The development comes as the FIA, in its plea heard by IHC's Justice Miangul Hassan Aurangzeb, had contended that the former first lady was misusing the concession granted by the court.

Bushra was granted post-arrest bail by the IHC in the new Toshakhana case on October 23 in which she, along with her husband Khan, are accused of being allegedly involved in the illegal sale of state gifts.

After getting out of prison, following months-long imprisonment, Bushra recently participated in the PTI's infamous "do-or-die" protest in Islamabad.

However, owing to her repeated absence from hearings in the said case, Special Judge (Central) Shahrukh Arjumand on December 5 issued arrest warrants against the PTI founder's wife.

During today's hearing — also attended by Bushra and her counsel Barrister Salman Safdar — the court inquired how many case hearings the former first lady missed since securing bail.

"Show me the trial court's order sheets, did you get an exemption from appearance? asked the court while addressing Barrister Safdar.

"Is Bushra [Bibi] not in your control? Such cases should be taken seriously," remarked Justice Aurangzeb.

In response, the former first lady's lawyer, while complaining of the trial being conducted hastily, apprised the court that 15 hearings of the said case have been held since October 23.

Safdar informed the court that 15 hearings have been scheduled since October 23. He noted that the hearing on October 26 could not proceed as the judge was on leave.

On October 29, the case was heard, but Bushra Bibi did not appear, and a request for exemption from appearance was submitted on her behalf. Similarly, on November 5, Bushra Bibi was absent, and another exemption request was filed.

On November 8, Bushra Bibi appeared before the court. The hearing scheduled for November 12 did not take place, and on November 14, she was granted an exemption.

The lawyer further added that on November 24, 25 cases were filed against Bushra Bibi, prompting her to seek protective bail from the Peshawar High Court. For the first time, on December 5, arrest warrants were issued for her, he said.

The court, maintaining that the issue at hand was not of contempt of court, disposed of the FIA's petition.

NAB reference

In its reference filed against Khan and Bushra, the National Accountability Bureau (NAB) said 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 Rs35.28 million.

As per the reference, the PTI founder and his wife violated the National Accountability Bureau (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.

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