Imran Khan, Bushra Bibi challenge Toshakhana-2 case conviction in IHC

• Couple argues prosecution failed to establish its case.
• Multiple punishments can't be awarded for same crime: appeals.
• Latest conviction adds to already jailed Imran Khan’s legal woes.

Jailed Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi on Monday filed separate appeals in the Islamabad High Court (IHC) against their convictions in the Toshakhana-2 case, challenging the 17-year prison sentences awarded by a special court earlier this month.

The appeals contest the December 20 verdict by a special judge, who sentenced the former prime minister and his spouse to 17 years’ imprisonment each over the under-priced purchase of luxury state gifts. The couple were also fined Rs16.4 million in the case.

The conviction relates to the alleged acquisition of an expensive Bulgari jewellery set from the Toshakhana, the state repository for gifts received by public office holders, at a nominal price. 

Special Judge Central Shahrukh Arjumand handed down the verdict after conducting around 80 hearings at Adiala jail. Under the ruling, Imran and Bushra were sentenced to 10 years each under sections 34 and 409 of the Pakistan Penal Code, along with an additional seven years’ imprisonment each under section 5 of the Prevention of Corruption Act, 1947. 

In their appeals, the couple have sought to have the Toshakhana-2 judgment set aside, arguing that the prosecution failed to establish its case. 

The petitions maintain that the trial court wrongly relied on the testimony of an approver, which, according to the appellants, could not legally form the basis of a conviction. They have also argued that an individual, Sohaib Abbasi, was unlawfully made an approver in the case.

The appeals further contend that multiple punishments cannot be awarded for the same offence and that the special central court lacked jurisdiction to hear the case. The appellants have also claimed that the Bulgari set was retained in accordance with Toshakhana rules applicable to former rulers, and that the reference was filed without a proper investigation.

Imran and Bushra have alleged in their appeals that the case is politically motivated and part of a broader campaign of victimisation.

Imran's petition has been assigned diary number 24560 and Bushra's appeal registered as diary number 24561.

The latest conviction adds to Imran Khan’s legal woes, as he has been in jail since August 2023 and is currently serving a separate 14-year sentence in a land corruption case. He faces dozens of cases filed since his removal from office in 2022, ranging from corruption and terrorism-related charges to allegations involving state secrets, all of which he and his party deny.

What is Toshakhana-2 case?

According to FIA records, the Bulgari jewellery set received from the Saudi crown prince was valued at over Rs71 million. The Ministry of Foreign Affairs also confirmed the record.

According to the prosecution, the accused persons had it appraised at only Rs5.9 million by a private firm. The set included a necklace, bracelet, ring, and earrings. The gift was neither deposited in Toshakhana nor correctly valued.

The valuation was conducted by private appraiser Sohaib Abbasi and later by customs officials, with undue influence allegedly exerted by the former principal secretary, Inam Shah, to undervalue the set.

The Toshakhana-2 case, involving Imran and his spouse, began on July 13, 2024, when the National Accountability Bureau (NAB) took both into custody at Adiala jail. They remained in NAB’s custody for 37 days before the investigation was completed. On August 20, 2024, NAB filed a reference in the accountability court regarding the case.

Following the Supreme Court’s decision pertaining to NAB amendments, the case was transferred to the FIA Anti-Corruption Court on September 9, 2024. The FIA included charges under Section 5 of the PCA, 1947, and Section 409 of the PPC.

The trial formally began on September 16, 2024, with Special Judge Central Shahrukh Arjumand presiding over the first hearing at Adiala jail. Bushra Bibi was granted bail by the Islamabad High Court on October 23, 2024, and released the following day.

Imran also received bail on November 20, 2024. On December 12, 2024, formal charges were framed against both accused. The trial continued for nearly a year, with over 80 hearings conducted at Adiala Jail.

The prosecution recorded statements of 24 witnesses, completing cross-examinations of 20 key witnesses. Notable witnesses included former military secretary Brigadier (retd) Muhammad Ahmad, private appraiser Sohaib Abbasi, and Imran Khan’s former principal secretary Inamullah.

The FIA prosecution team was led by Federal Prosecutor Zulfiqar Abbas Naqvi, along with Barristers Umair Majeed Malik, Bilal Butt, and Shahvez Gilani. The defence was represented by Arshad Tabrez, Qausain Faisal Mufti, and Barrister Salman Safdar.