Imran Khan and his wife Bushra Bibi. Photo: Archive
ISLAMABAD:
Appeals against the convictions of former Prime Minister Imran Khan and his wife Bushra Bibi in the Toshakhana-II case have been prepared and are likely to be filed on Monday.
On December 20, Islamabad Special Judge (Central) Shahrukh Arjumand found Imran and Bushra 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 convicted persons; Failure to comply with this fine will result in an additional six-month prison sentence for each.
The PTI has decided to challenge the conviction before the Islamabad High Court (IHC) and lawyer Salman Safdar has prepared drafts of two separate appeals challenging the verdict.
The appeals claim that the prosecution failed to prove the case against the couple. They argue that the Bulgari jewelry set was held by the former prime minister and his wife in accordance with Toshakhana rules.
The appeals further claim that Sohail Abbas was illegally appointed as approver and that the trial court wrongly relied on the testimony of a pardoned witness, which could not be legally relied upon.
It is also argued that the Special Judge (Central) lacked jurisdiction to hear the case and that the penalty for the same offense cannot be imposed several times.
The appellants maintain that the case was registered without due investigation and that they are being subjected to political victimization. The court has been asked to declare the Toshakhana-II verdict against Imran and Bushra null and void.
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.
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.
