ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi today sentenced 14 years of rigorous each in the Tohsakhana reference filed by the National Accountability Bureau (NAB). The court has also imposed a fine of Rs1.5 billion on the couple and disqualified the former premier from holding public office for 10 years.
This is Imran’s third conviction, including the one in the cipher case a day earlier sentencing him for 10 years and also for three years in earlier case. He is already out of the race for the February 8 general elections.
The verdict comes eight days before the February 8 general elections, which the PTI is contesting amid a state crackdown and without an electoral symbol.
According to the verdict delivered today, Imran and Bushra were barred from holding any public office for 10 years and slapped with a fine of Rs787 million each. While the PTI founder was presented during the hearing, his wife did not appear before the court.
During the previous hearing, which was also held at Adiala jail, the court recorded Bushra Bibi’s statement under Section 342. Imran Khan told the court that his wife had nothing to do with the case and was being humiliated by being forcibly dragged into it.
At the outset of the hearing today, Judge Bashir asked Khan if he recorded his statement. To this, the former premier said that he would submit his statement once his lawyers came. “I have been deceived as I was only called to mark my attendance for the hearing,” said the PTI founder.
Following the verdict, Bushra Bibi, who was not present in court when the sentence was announced, arrived later at the Adiala jail and surrendered before the authorities. The NAB team was already present there and she was subsequently taken into custody by the anti-graft watchdog.
NAB had filed the reference against the duo over the graff jewellery set which included necklaces, earrings, bracelets and a ring worth Rs1.57 billion. Khan and Bushra had only paid Rs9 million and had fixed the price of the jewellery set through a private firm.
What is the Toshakhana case
The Toshakhana has been under a microscope ever since the emergence of the allegations that Khan purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.
The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).
The gifts included watches given by a royal family, according to government officials, who have alleged previously that Khan’s aides sold them in Dubai. Moreover, seven wristwatches, six made by watchmaker Rolex, and the most expensive a “Master Graff limited edition” valued at 85 million Pakistani rupees ($385,000), were also among the gifts.
The case, originally filed by ruling party lawmakers, is based on a criminal complaint filed by the Election Commission of Pakistan (ECP). It alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.
According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division. Imran has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.
On Oct 21, 2022, the ECP concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts. The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.
However, the full text of the 36-page order by the ECP was silent on life-time or five-year disqualification for Imran. Subsequently, the then-IHC chief justice had observed that the law did not bar the former premier from contesting polls and the ECP had disqualified him only on his Mianwali seat for “concealing” details of Toshakhana gifts.
Subsequently, the ECP had approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.
On May 10, 2023, Imran was indicted in the case. However, on July 4, the Islamabad High Court (IHC) had stayed the proceeding and directed Additional and District Session Judge Humayun Dilawar to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the Toshakhana reference.
The next month, ADSJ Dilawar, while ruling that the reference was maintainable, revived the stalled proceedings and summoned the witnesses for testimony. The decision was subsequently challenged in the IHC.
Judge Dilawar had then ruled that Imran’s legal team failed to prove the relevance of his witnesses. He had warned the defence counsel to conclude the arguments, or else the court would reserve an order.
In December 2023, the NAB had filed a fresh reference against the two in an accountability court.
Decision to be challenged in high court: Gohar
PTI Chairman Barrister Gohar Khan termed the verdict “cruel”, saying that the accountability court has never given such a decision in the past. “[Other politicians] are being punished to please a leader,” he said, adding that the court did not allow the cross-examination.
Barrister Gohar said that they will file an appeal in the high court against the verdict. He added that Bushra Bibi had nothing to do with the case as she did not take any gifts personally. “Bushra Bibi has been sentenced to pressurise PTI founder and our right to defend has also been abrogated,” he said, hoping justice will be served by the superior courts.
Gohar further asked the PTI supporters to remain calm, saying that the punishment would end. “We will participate in the elections,” he added.