IHC grants Imran bail in new Toshakhana case

RAWALPINDI: In a major development ahead of the looming November 24 protest by Pakistan Tehreek-e-Insaf (PTI), the Islamabad High Court (IHC) on Wednesday approved the bail plea of party founder Imran Khan in the new Toshakhana case.

IHC’s Justice Miangul Hassan Aurangzeb accepted Khan’s bail plea against two surety bonds worth Rs1 million each, which must be submitted by separate guarantors. The PTI founder is no longer wanted in any other case within Islamabad’s jurisdiction following the latest development.

Meanwhile, the IHC cautioned the ousted prime minister not to “misuse the concession of bail and appear before the trial court on each and every date of hearing unless a specific exemption is granted”. The bail can be revoked if the petitioner [Imran] does not cooperate with the trial court, it added.

Imran and his wife, Bushra Bibi, were arrested in the case on July 13, shortly after the husband-wife duo was acquitted by a district and sessions court of Islamabad in the iddat case — also known as the un-Islamic nikah case.

Bushra Bibi was released last month from jail in the Toshakhana 2.0 case after spending around nine months behind bars. The case was previously being heard by the National Accountability Bureau’s (NAB) accountability court, however, it was transferred to the FIA in line with the Supreme Court’s verdict restoring amendments to the anti-corruption laws.

During the hearing, the FIA prosecutor voiced concerns over media narratives, claiming that reports had prematurely suggested the approval of bail. Justice Aurangzeb advised the prosecutor to disregard media speculation, emphasising that the court’s decisions would not be influenced by such narratives.

The judge remarked on certain claims made in the media, questioning their credibility. He also inquired about the valuation of a jewellery set, asking how its worth was determined.

Barrister Salman Safdar, representing the PTI founder, responded that the prosecution was responsible for clarifying this matter in court. He also highlighted discrepancies in the receipts, noting that the receipts in question were issued in the name of Bushra Bibi, not the PTI founder.

The defence argued that the prosecution’s case relied on testimonies from key witnesses such as Sohaib Abbasi, who had been granted pardon and declared an approver in the case. Barrister Safdar clarified that Abbasi alleged threats from the PTI founder but denied any direct interaction with either Imran or his wife.

The court further asked whether Customs officers involved in the valuation had mentioned any intimidation, to which the defence replied that no such claims had been made by these officials.

The FIA prosecutor argued that the Bulgari jewellery set was not deposited in the Toshakhana and alleged that its undervaluation caused financial harm to the state.

Justice Aurangzeb asked how the PTI founder benefited from the undervaluation, to which the prosecutor responded that his wife’s gain inherently benefited him as well.

Justice Aurangzeb dismissed this logic, questioning such assumptions. “My wife’s things are not mine. I don’t know what year are we living in.” Barrister Safdar defended his client by stating that all gifts were acquired under the Toshakhana policy of 2018, and the valuation was conducted according to the law.

He added that payments were made as per the policy, and no wrongdoing was evident. Justice Aurangzeb noted that the previous government had withheld Toshakhana details, despite inquiries from the court. The prosecution highlighted the conduct of the accused during trial proceedings, alleging delay tactics.

The FIA prosecutor presented evidence that Abbasi had submitted an apology for undervaluing the set, which was accepted by the NAB chairman.

The defence, however, criticised the expedited manner in which the FIA had filed its challan, stating that essential aspects of the investigation were overlooked.

As the hearing progressed, the court observed that the Toshakhana case had faced significant delays, with over three years passing before its registration.

Speaking to Geo News, Khyber Pakhtunkhwa government spokesperson Barrister Muhammad Ali Saif welcomed the high court’s decision in Toshakhana 2.0 case, adding that the PTI founder would be released soon in every case. “All cases against Imran were registered on political grounds,” he said, adding that the former premier would lead the Haqeeqi Azadi (real freedom) movement.

Meanwhile, Imran’s counsel Salman Safdar — while speaking to journalists — claimed that all cases against the PTI founder had ended. “To my knowledge, there isn’t any case left, in which he [Imran] has to secure bail,” he noted.

For her part, Aleema Khan, the former premier’s sister, congratulated Safdar for his “two-year struggle”. “We trusted Safdar and followed his advice,” she said, hoping that Imran would be released soon.

In a statement, PTI spokesperson Sheikh Waqas Akram also welcomed the decision. “The incumbent government wanted to pit PTI against the institutions,” he said, adding that the Centre was using all tactics against the November 24 protest. He claimed in a statement that the case was unnecessarily dragged to keep him (Imran) in unlawful imprisonment.

Waqas Akram sounded confident that justice would prevail and Imran Khan would be granted bail in four other baseless, fabricated and politically-motivated cases scheduled for hearing at the Anti-Terrorism Court on November 29, hoping that the PTI founder would be released soon in every case. The PTI spokesperson maintained that despite facing over 200 bogus cases, not a single shred of evidence had been presented against him. He strongly condemned the government’s planned ‘misuse of national resources’, turning Islamabad into a fortress through extensive containerisation before PTI’s peaceful protest on November 24.

On the other hand, Pakistan Muslim League-Nawaz, the ruling party, reacted to the development, calling the former prime minister a “laadla” (blue-eyed).

The reference filed by the NAB was related to a jewellery set gifted to Bushra by the Saudi royal family when her husband Imran was the prime minister of the country from 2018 to 2022. The anti-graft watchdog further alleged that during his term as prime minister, Imran and his wife had received a total of 108 gifts from different heads of state and foreign dignitaries.

The anti-graft watchdog alleged that the former first lady received the jewellery set — comprising a ring, bracelet, necklace a pair of earrings — on her visit to Saudi Arabia in May 2021. It said the PTI founder and his wife illegally kept the jewellery set. The reference states that the deputy military secretary briefed the Toshakhana section officer to estimate and declare the price of the jewelery set, which it mentioned, was not deposited in Toshakhana.

The jewelery 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 jewelery valued at Rs10.50 million back then.

According to the rules, 50 percent price of the jewelery set is approximately Rs35.28 million. The national exchequer suffered a loss of approximately Rs35.28 million after the jewellery was undervalued.

Though Imran Khan has been granted bail in Toshakhana 2.0 case yet his release remains unlikely as he has been booked and arrested by Rawalpindi police in a pending case. |

The New Town Police Station booked Imran Khan under an anti-terrorism act on Wednesday night. The former prime minister now has been formally arrested by the police in connection with a case registered on September 28. According to a press note issued late at night by the Rawalpindi Police spokesperson, Imran Khan has been taken into custody on charges related to rioting, stone-pelting, resisting law enforcement and damaging public property.

The case was filed under sections of the Anti-Terrorism Act 7, 121 and various sections of the Pakistan Penal Code, including 353, 186, 285, 286, 148, 149, 427, 109 and 188.

A special investigation team, led by SSP Investigation Saba Sattar, has begun interrogating Imran in connection with the allegations. The police have stated that the former prime minister will be presented in court today (Thursday) to seek physical remand for further investigation.

Earlier, dozens of PTI supporters along with Imran’s lawyers were present in front of the Adiala jail, Rawalpindi, hoping for release of their leader on Wednesday.

Speaking to Geo News, Information Minister Ataullah Tarar said that Imran would not be released from jail due to not having bail in eight pending cases. “He (Imran) can’t be released since he doesn’t have bail in eight cases related to May 9 and even in this Toshakhana 2.0 case their arguments are very weak.”

Meanwhile, the LHC rejected the plea for granting interim bail to Imran Khan in all the cases registered against him. The petition seeking details of cases registered against Imran Khan came up for hearing in the high court. The petition filed by Noreen Niazi, sister of Imran Khan, was heard by Justice Farooq Haider.

The counsel for the petitioner took the plea that interim bail be granted to PTI founder in all cases. Justice Farooq remarked: “My viewpoint is not this. I cannot grant bail. As per my view, appearance of the accused in the court in bail after arrest plea is must. If the cases were found concealed, then we will initiate contempt of court proceedings against the respective DPO.”

The Punjab Home Department and federal government presented reports regarding the cases registered against Imran Khan in the court. According to reports, no case is registered against Imran Khan on behalf of the home department.

The counsel for the federal government told the court 62 cases have been registered against Imran Khan by Islamabad police. The court wrapped up the petition filed by Noreen Niazi sister of Imran Khan in the light of all reports. The petitioner had requested the court to issue order for providing details of cases registered against Imran Khan by the respective authorities and for not arresting Imran Khan in any unknown case.