Govt moves SC against post-arrest bail of Bushra Bibi

ISLAMABAD/ RAWALPINDI: The federal government on Saturday challenged in the Supreme Court the post-arrest bail of Bushra Bibi in the new Toshakhana reference, seeking the annulment of the Islamabad High Court’s October 23, 2024 order.

The federation, through the director general of Federal Investigation Agency (FIA) and Anti-Corruption Circle of FIA via its director, filed a criminal petition for leave to appeal under Article 185(3) of the Constitution, challenging the Islamabad High Court’s bail order in the new Toshakhana case.

In the appeal, the federal government named Bushra Bibi, wife of Imran Khan, as the respondent.

The Islamabad High Court had granted post-arrest bail to the respondent on October 23, 2024, in an FIA case registered under Sections 409 and 109 of the Pakistan Penal Code (PPC) 1860, read with Section 5 of the Prevention of Corruption Act (PCA) 1947.

The federal government requested the Supreme Court to set aside the Islamabad High Court’s bail order.

The appeal raised questions if the impugned bail-granting order was patently perverse, illegal, erroneous, contrary to the record, and resulted in a miscarriage of justice, warranting cancellation of the post-arrest bail granted to the respondent in FIA case no. SJC-1/T/01/2024.

“Whether the learned single judge in chambers of the IHC had passed the impugned bail-granting order without considering the settled principles and guidelines laid down by this honourable court for granting post-arrest bail in corruption cases under the prohibitory clause of Section 497(1) of the Criminal Procedure Code (Cr.P.C.) 1898,” the federal government further questioned.

The federal government also asked whether the learned single judge in the chambers of the IHC had misconstrued the prosecution’s case by treating it as a mere violation of Clause 1 of the Toshakhana Procedure, 2018, which does not entail criminal liability.

The petition contended that the impugned bail-granting order was patently perverse, illegal, erroneous, and contrary to the record, resulting in a miscarriage of justice.

“The impugned bail-granting order is therefore liable to be set aside, and the post-arrest bail granted to the respondent in FIA Case No. SJC-1/T/01/2024 is also liable to be cancelled,” the appeal asserted. The federal government submitted that during the investigation, the true value of the Graff Jewellery set was assessed at USD 19,492,200 (equivalent to Rs3,165,533,280 at the exchange rate of Rs162.4 per USD as of October 16, 2020).

It was argued that evidence collected during the investigation indicated that the respondent and her husband, in collusion, had obtained a monetary gain of Rs1,537.72 million by illegal and corrupt means, misusing the Prime Minister’s Office and thereby causing a corresponding loss to the national exchequer. The federal government argued that the learned single judge in chambers of the IHC had issued the impugned bail-granting order without adhering to the principles set by this court for granting post-arrest bail in corruption cases that fall within the prohibitory clause of Section 497(1) of the Cr.P.C., 1898.

The federal government also contended that the learned single judge in chambers of the IHC had misunderstood the prosecution’s case by treating the respondent’s failure to deposit state gifts with Toshakhana/Cabinet Division as an issue for further inquiry rather than a criminal liability under Section 409 of the PPC. “The impugned bail-granting order is, therefore, liable to be set aside,” the federal government concluded.

Meanwhile, Special Judge Central Shahrukh Arjumand has once again postponed the indictment proceedings against PTI founder Imran Khan and his wife Bushra Bibi in the new Toshakhana reference until November 5. The court issued notices to parties on the acquittal applications filed by the accused. Lawyers will give arguments on the applications on the future date.

On Saturday, during the hearing in the Adiala jail, Imran was presented and Bushra also appeared. PTI lawyers Salman Akram Raja, Salman Safdar and Usman Gul submitted their power of attorney. The accused were to be indicted, however, the lawyers filed acquittal applications for both the accused. FIA lawyer Zulfiqar Abbas Naqvi opposed the acquittal applications and took the stand that the indictment was not being deliberately allowed, although the filing of acquittal applications does not mean that the hearing will be delayed.

The court issued notices to the parties and adjourned the hearing until November 5.

On the other hand, the Islamabad High Court (IHC) has issued a written order on the bail plea of PTI founder Imran Khan in the Toshakhana-2 case.

Justice Miangul Hassan Aurangzeb of the IHC issued the written order. The court ordered to fix bail plea of Imran Khan for hearing on Nov 4. According to the written order, the court office had raised objection on the bail plea, filed with an old power of attorney. The lawyer has been empowered to file for bail with a fresh power of attorney.

The IHC order said the objection of office on the bail plea was removed.

Another objection was raised that the trial court order about rejection of bail had not been attested. The court said the counsel for Imran Khan presented an attested copy of the trial court in the IHC. “A copy of the trial court should be filed in respective office, number should be marked on the petition and it should be fixed for hearing on Monday,” the IHC order said.

Lawyers Ayesha Khalid, Shahina Shahab and other counsel appeared on behalf of Imran Khan.

The court removed the objections of registrar’s office after hearing the arguments besides directing for fixing the petition for hearing on Monday.