Trial court finds former prime minister and his wife guilty of misconduct; Says prosecutors successfully established charges
ISLAMABAD:
A lower court on Saturday found former Prime Minister Imran Khan and his wife, Bushra Bibi, guilty in a corruption case arising from violations of rules at the state gift warehouse, Toshakhana, and sentenced each to 17 years in prison.
The court also imposed a fine of Rs 16.5 million on each of the convicts; Failure to comply with this fine will result in an additional six-month prison sentence for each.
Islamabad Senior Central Special Judge Shahrukh Arjumand released the 59-page judgment in a courtroom inside Adiala Jail in Rawalpindi, in the presence of Imran and Bushra, who are already detained in the prison.
The Federal Investigation Agency (FIA), the prosecution in the case, accused Imran of abusing his position as prime minister to acquire a set of Bulgari jewelry that the Saudi crown prince presented as a gift during the couple’s visit to Saudi Arabia between May 7 and 10, 2021.
The set included a ring, a bracelet, a necklace and a pair of earrings.
On May 18, 2021, the military undersecretary informed the Toshakhana section officer about the need to evaluate and declare the price of the jewelry set, but it was not deposited.
Bulgari sold the necklace for 300,000 euros and the earrings for 80,000 euros to a Saudi franchise on May 25, 2018. However, the price of the bracelet and ring could not be determined.
As of May 28, 2021, the total estimated value of the Bulgari jewelry set was approximately Rs 75,661,600. The necklace alone was valued at Rs 56,496,000 and the earrings at Rs 15,065,600.
According to Toshakhana rules, 50% of the price would be equivalent to Rs 35,765,800, but the jewelery set was undervalued, causing a loss of Rs 32,851,300 to the national treasury.
The FIA claimed that Imran and Bushra misused their authority, with the PTI founder withholding 58 of 108 gifts during his tenure as prime minister.
The charge sheet included a list of 24 prosecution witnesses, with Toshakhana (Cabinet Division) section officer Binyamin at the head. The trial court formally started the case proceedings in December last year and concluded it within a year.
In its order, the trial court noted that it was “established beyond doubt” that the defendants had been entrusted with possession of the Bulgari jewelry set, which was to be transacted in accordance with the Procedure for Acceptance and Disposition of Gifts 2018.
He said the accused, in active connivance with each other, failed to deposit the set of jewelery in Toshakhana and violated the Procedure for Acceptance and Disposal of Gifts, 2018.
“Furthermore, it has been proven beyond a doubt that Mr Khan’s position as Prime Minister was subsequently used to obtain a substantially undervalued valuation of this set of jewellery, thereby obtaining illegal pecuniary benefits and defrauding the public purse,” it states.
He said the gift was received by Bushra Bibi, however, the unlawful acts of not depositing the same with Toshakhana, using influence and pressure to obtain an undervalued assessment and then withholding state gifts at a very low price were done jointly to further the “common intention of the two accused”.
The verdict says that Imran Khan, as Prime Minister of the country and a public servant with the connivance and active instigation of his wife, acted jointly in these illegal acts, which constitute a crime of breach of trust.
“He, along with his wife, in active mutual complicity, ablated his position and powers vested in the Prime Minister’s Office for personal pecuniary advantage.
“The couple was entrusted with custody of the state gifts, but they appropriated them dishonestly and with mutual connivance.
“In addition, they also acted together to obtain an undervalued assessment of state gifts and therefore withheld the same by depositing only a meager amount, thus committing a criminal breach of trust.”
He said the pair were also guilty of criminal misconduct for fraudulently appropriating state donations and obtaining pecuniary advantages through corrupt acts.
“Based on what has been discussed above, the prosecution has proven its case against two accused by presenting directly relevant, reliable and convincing evidence.
“Therefore, both defendants are convicted of criminal breach of trust in furtherance of a common intention, under Articles 34, 409 PPC, as well as for acting jointly for the commission of criminal misconduct under Article 52) PCA 1947/109 PPC.”
On the first charge of criminal breach of trust with common intention under sections 24, 409 of the People’s Republic of China, the court sentenced Imran to 10 years in prison. For the second charge of criminal misconduct under section 5(2) of the PCA 1947, he was sentenced to seven years’ imprisonment.
On the first charge of criminal breach of trust with common intention under sections 34, 409 PPC, the court sentenced Bushra to 10 years’ imprisonment.
For the second charge of acting jointly in the commission of criminal misconduct under section 109 PPC/section 5(2) of the PCA 1947, the court handed him a seven-year sentence.
He also ordered the convicts to pay a fine of Rs 16,425,650 each.
“This court, while passing sentences, has considered the old age of Imran Ahmed Khan Niazi as well as the fact that Bushra Imran Khan is a woman.
“It is in consideration of both the above factors that a lenient stance has been taken in awarding lesser punishment. The benefit of section 382-B CrPC is hereby granted to both the convicts,” he added.
