- Court also imposes hefty fine of Rs787 million on Imran, Bushra Bibi
- Barrister Ali Zafar announces moving IHC against Toshakhana reference verdict
RAWALPINDI: Day after conviction in cypher case, the PTI founding chairman and his wife Bushra Bibi were sentenced to 14 years in prison each and disqualified from holding any public office for 10 years in the Toshakhana reference on Wednesday.
Accountability Court Judge Muhammad Bashir announced the verdict on Toshakhana reference, sentencing the couple to 14 years rigorous imprisonment besides a 10 years disqualification for holding any public office.
The sentencing also entails a hefty fine of Rs787 million in a case that revolves around the illegal acquirement and sale of precious gifts received from the other countries, which are stored in the state-run treasury called Toshakhana.
During Wednesday’s hearing, the PTI ex-chairman was presented before the judge who asked him about his statement under Section 342, as he marked his attendance while his wife had not yet reached the court.
In his reply, the ex-premier, already convicted in the cypher case, said it was in his cell as he had been presented only to record his attendance.
“Submit your reply immediate. Don’t waste the court time,” the accountability court judge ordered after the PTI founder’s response.
However, the former PTI head questioned the reason behind the haste and mentioned that the sentencing in the cypher case too was hurriedly announced.
Imran Khan told the court that his lawyers had not yet turned up and as soon as they reached, he will submit the statement.
As he left the courtroom for the prison cell, the judge announced the verdict.
Earlier on Tuesday, the PTI founder and his close associate Shah Mehmood Qureshi were sentenced to 10-year rigorous imprisonment in the cipher case, as the special court established under the Official Secrets Act announced its verdict in the keenly-observed episode.
It was a natural consequence of the saga, triggered by violating the oath taken as a prime minister, which endangered Pakistan’s security, damaged its relations with other nations and got the then opposition leaders labeled as foreign agents only because they had exercised their constitutional right of tabling a no-confidence motion against the PTI government.
‘PTI to move IHC against Toshakhana reference verdict’
PTI founder Imran Khan’s lawyer barrister Ali Zafar announced moving the Islamabad High Court (IHC) against the Toshakhana reference case verdict.
He also announced filing a separate application to suspend the decision of the accountability court.
Pakistan Tehreek-e-Insaf (PTI) founder and lawyer Barrister Ali Zafar during a media talk on Wednesday said PTI’s legal wing informed him about approaching the IHC.
“PTI founder and his wife Bushra Bibi were not allowed to present their witnesses and lawyers were not even allowed to cross-examine,” Ali added.
After getting a copy of the verdict, PTI moved IHC against the decision that sentenced Imran Khan to 14 years in prison and disqualified him from holding any public office for a decade.
Ali Zafar said that he will also file a separate request to suspend the decision of the Accountability Court.
Furthermore, he claimed that constitutional and legal points were neglected in the decision.
“Which trial in the history of Pakistan has been completed in 28 days as trials have been pending here for five or six years, but the judgment of this particular case was pronounced hastily,” he claimed.
Bushra Bibi surrenders in Toshakhana case
Bushra Bibi, wife of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan surrendered after 14 years imprisonment awarded by Accountability Court (AC) in Toshakhana case.
The development came after an Accountability Court (AC) awarded the imprisonment and a fine of Rs787 million to PTI founder Imran Khan and his wife Bushra Bibi in Toshakhana case.
Later, Bushra Bibi arrived at Adiala jail and surrendered before the National Accountability Bureau (NAB) officials who were already there to arrest her after the conviction.
In today’s hearing, the Pakistan Tehreek-e-Insaf (PTI) founder was brought to court, however, Bushra Bibi did not appear.
After being asked about his statement of 342, the former prime minister replied: “The statement is in the room, I was only called to appear before the court.”
The judge directed Imran Khan to submit his statement immediately and remarked: “Don’t waste court time.”
“The lawyers have not come yet, I will submit the statement after showing them,” the PTI founder and then left the courtroom.
PTI terms verdict ‘complete destruction of law’
Reacting to the conviction, the PTI said, “Complete destruction of every existing law in Pakistan in two days.”
In a post on X, the party said Imran and his spouse had faced “yet another kangaroo trial in which no right to defence was given to both”.
“Like cypher, this case has no basis to stand in any higher court. It’s shameful how a complete disregard and mockery of the law is in place,” the PTI added.
In another post, it said, “Big question marks arise on our judicial system now. How the cipher and Toshakhana cases were conducted exposed a complete disregard of law by trial court.”
Imran’s sister Aleema Khan said that the “judicial system has buried itself” today.
PTI leader Barrister Gohar Ali Khan said that the conviction was “not only injustice but cruelty”. In an apparent reference to the PML-N, he said the NAB was “withdrawing cases filed against a certain party” but at the same time was handing over “severe punishments just to make one leader happy”.
Speaking to Geo News, he said, “We were not given time, were not given permission for cross-examination, despite there being a lawyer present.”
He claimed that Bushra had “no relation” to the Toshakhana case nor was there any case gift registered in her name.
“This is only to bring Khan sahib under pressure,” he said, advising PTI supporters to remain calm and focus on the upcoming polls.
Hamid Khan, a senior lawyer and PTI leader, said that two convictions in two days showed how all the laws and procedures of a fair trial were exploited.
“No legal requirements were fulfilled, […] the permission to present witnesses was not provided. The statements under Section 342 were not even recorded properly,” he said while speaking to Geo News.
Hamid said the party would appeal both the cipher and Toshakhana convictions in higher courts, while PTI Secretary General Omar Ayub Khan announced the same.
“We should harness and channel these energies for the polling day on February 8, 2024 by ensuring a massive voter turnout,” Ayub asserted.
“Why does this system want to expose itself so badly? asked PTI’s Taimur Saleem Khan Jhagra, while party leader Shahbaz Gill said the PTI was “hurt” by what was happening but was proud of Imran’s “bravery”.
PTI Senator and lawyer Ali Zafar said the verdict was rushed, adding that if cross-examination was not allowed then the conviction would be regarded as a mistrial.
Speaking to Geo News, he said: “People are not worried by such trials.”
Speaking to the media outside the Islamabad High Court, Zafar said that reports of changing Imran’s counsel were “not correct”.
He said that Shahbaz Khosa had remained the lawyer from the beginning of the Toshakhana trial. He emphasised that there was a team of additional lawyers who were “not replacements” for the main counsel.
Zafar highlighted that Imran and Bushra’s counsels were neither allowed to cross-examine the prosecution witnesses nor were permitted to present their witnesses. The PTI senator said the party was filing an application to obtain a copy of the court order.
PTI lawyer Intazar Hussain Panjutha claimed that there were no witnesses in the cases against Imran, yet he was still given punishment.
‘Certified Toshakhana thief’
Meanwhile, the PML-N’s official X account said that “fake sadiq and ameen” had been proven to be a “certified Toshakhana thief in front of the world today”.
PML-N leader Attaullah Tarar alleged that Imran had a “team that used to sell the items on the black market”, referring to Toshakhana gifts.
Addressing a press conference in Lahore, he claimed that the PTI founder undervalued Toshakhana gifts through local markets and then paid the required 50 per cent tax on that amount.
“The items were subsequently sold in the black market for a much higher price for profit. Farah Gogi, who’s an absconder in the case, played a key role in it,” the PML-N leader said.
Similarly, PML-N leader Marriyum Aurangzeb alleged that government officials collaborated in the assessment to undervalue the gifts in the Toshakhana reference.
“It was a misuse of authority and they blamed everyone else for it,” she said in a separate press conference.
‘Scales have been balanced’
Reacting to today’s verdict, senior journalist Mazhar Abbas said that the timing of the conviction would be discussed in political circles. At the same time, he said he did not expect PTI workers or leaders to react to the conviction.
“The reaction to all of this would be important on February 8. Would they be demoralised and stay in their homes or would they come out politically charged?” he said while speaking to Geo News.
Commenting on the conduct of the PTI’s legal team, Abbas said that there appeared to be a “problem”. He highlighted how several PTI lawyers had come and go, but added that this could also be due to professional differences.
It should be noted that in a recent hearing, Imran had said his lawyers could not appear before the court as they were contesting the upcoming general elections.
Toshakhana reference
On Dec 19, the NAB filed the Toshakhana reference against Imran and his wife in an accountability court for retaining a jewellery set received from the Saudi crown prince against an undervalued assessment. It alleged that during his term as premier, the PTI founder and Bushra Bibi had received a total of 108 gifts from different heads of state and foreign dignitaries.
“Out of these 108 gifts, the accused persons retained 58 gift boxes/sets against an undervalued amount of Rs142.1 million as assessed by appraisers,” the reference said.
The instant reference pertains only to the Graff jewellery set received from Crown Prince of Saudi Arabia Mohammed bin Salman and retained against a highly undervalued assessment by the above-mentioned accused persons. It said the NAB chairman delegated the powers to authorise an inquiry on the subject matter to director general NAB, Rawalpindi, on Aug 1, 2022. The DG authorised an inquiry on Aug 5, 2022. Subsequently, the inquiry was upgraded into the investigation on July 14, 2023.
During the course of inquiry, it transpired that during his tenure as PM, Imran Khan and his wife received 108 gifts. It emerged during the course of investigation that accused Bushra Imran, being wife of accused, received a Graff jewellery set from the crown prince of Saudi Arabia during an official visit. The gift was reported to Toshakhana of the cabinet division by deputy military secretary vide letter dated 24.09.2020 but the same was not deposited in accordance with Procedure for the Acceptance and Disposal of Gifts 2018 for true and transparent assessment.
“As per evidence collected so far, Bushra Bibi, in connivance with Imran Khan, violated the clause-1 of the procedure by not depositing the gift at Toshakhana prior to its retention. The accused in connivance with each other, unlawfully exerted pressure and undue influence on Sohaib Abbasi, private appraiser (approver) through Syed Inam Ullah Shah (former PS/comptroller to Imran Khan /PM Office) in order to have illegally undervalued assessment of Graff jewellery set of their own choice and illegally retained the same against payment of meager amount of Rs9.031 million (approx.) on the basis of undervalued price assessment of Rs18,092,000,” the reference said.
It said it was established that the assessment conducted by Sohaib Abbasi and government appraiser was highly undervalued. For the purpose of true assessment, an expert from Diamond and Jewellery industry namely Imran Bashir of Rainbow Impex FZE, Dubai, was also engaged to assist the anti-graft watchdog in investigation of the case.
