ISLAMABAD:
The Islamabad High Court (IHC) has said that further investigation is needed into the allegation that former Prime Minister Imran Khan and his wife Bushra Bibi violated state rules on gift deposits to purchase a precious set of Bulgari jewellery.
In its written order on Imran’s post-arrest bail application, the court stated that the “procedure for acceptance and disposal of gifts” contained in the Cabinet Division (OM) office memorandum dated 18 December 2018 was in force when the said jewelery set was allegedly purchased by Imran’s wife.
He said that the prosecution laid emphasis on clause (1) of the said procedure to clarify the point that Imran was not only responsible for declaring receipt of the gift but also for depositing it in the Toshakhana Division/Cabinet, and that such was not the deposit. carries criminal liability under Section 409 PPC.
“The reason why criminal proceedings are being carried out against the petitioner and his wife is that the said set of jewelery was allegedly never deposited in the Toshakhana/Cabinet Division.
“But prima facie such non-deposit does not entail “appropriate action” under “the relevant rules” in terms of the OM dated December 18, 2018. It is the non-notification of receipt of the gift that entails appropriate action under the rules. “
It read “To overcome this”, the Cabinet Division on March 18, 2023 issued an OM, clause (1) of which was substantially the same as clause (1) of the December 18, 2018 OM, except that the non- depositing a gift in the Toshakhana within a prescribed time frame was now to be met with “appropriate punitive measures” under “the relevant regulations.”
“The said OM dated March 18, 2023 would come into force from February 22, 2023.”
Referring to the special prosecutor of the Federal Investigation Agency, he noted that the prosecutor agreed that the OM of March 18, 2023 does not have retroactive effect, which is why it is applicable to the case against the petitioner that took place almost two years before said OM. was issued.
“The fact that the OM dated December 18, 2018 does not make the non-deposit of the gift in the Toshakhana/Cabinet Division subject to ‘appropriate action’ under ‘the relevant rules,’ makes the case against the petitioner be one of the most consultation [according to my tentative view],} says the order written by Justice Miangul Hassan Aurangzeb.
Giving reasons for granting post-arrest bail to the accused, the IHC said Imran Khan is 72 years of age.
In this case, he was arrested on July 13, 2024 and remained imprisoned in Rawalpindi Central Prison for more than four months. The person responsible for the investigation has not felt the need to question the petitioner after the case was handed over to the FIA.
“Since the reference against the petitioner had earlier been filed before Islamabad Accountability Court I, this would mean that the investigation of the case is complete. The charges against the petitioner have not yet been framed, so the conclusion of the trial is not is visible,” he added.
