ISLAMABAD: A Pakistani court in its detailed judgment on the bail plea of former prime minister Imran Khan against the state gifts case has declared that it needs further investigation.
“No action can be taken on failure to deposit the gift in Toshakhana (state treasury). According to the rules, action could have been taken on failure to deposit the gift receipt,” the Islamabad High Court judge Justice Miangul Hassan Aurangzeb observed in a detailed 14-page verdict issued on Monday.
Founder of Pakistan Tehreek-e-Insaf (PTI) Imran Khan and his wife, Bushra Bibi are facing allegations of failing to deposit an expensive jewellery set into the Toshakhana. Criminal proceedings have been initiated against both Imran Khan and Bushra Bibi in this regard.
Imran Khan still in jail on multiple charges
While Imran Khan was granted bail in the case by the Islamabad High Court (IHC) in November, he still remains in jail on multiple charges since his arrest on August 5, 2023.
According to the prosecutor by not depositing the gift in Toshakhana, the couple violated the established procedure. The prosecutor’s statement claims that this action constitutes a “criminal breach of trust.”
The court pointed out that criminal charges were initially filed against Imran Khan and his wife, Bushra Bibi, alleging a loss of over Rs32.8 million to the national treasury due to the undervaluation of the gift. However, the court ruled that the recently introduced 2023 rule, mandating the deposit of gifts, cannot be applied retroactively.
The Islamabad High Court in the detailed judgment said that since the current case is not dealing with the receipt, it requires further inquiry.
According to the challan submitted by the Federal Investigation Agency (FIA), it was necessary to submit the gift along with the receipt. However, “according to the Toshakhana Rules of 2018, it was necessary to submit only the receipt, not the gift,” the IHC said in the detailed verdict.
“Prima facie, action could not have been initiated for not depositing the gift,” the IHC said.
The detailed verdict notes that after the case was transferred to the FIA, the investigation officer did not feel the need to question Imran Khan. The reference against Imran was filed by NAB This means that the investigation has been completed, the verdict said.
Imran Khan should not misuse bail concession
Imran Khan should not misuse the bail concession and appear in the trial court at every hearing, the IHC said adding that if he misuses the bail, the prosecution can file a petition for cancellation of the same.
The court also held that in 2023, the Cabinet Division amended the office memorandum to include provisions for action against non-submission of gifts, suggesting this change was made to address such cases.
Imran Khan’s counsel has dismissed the allegations, stating that the gifts were acquired under the 2018 state gifts policy, with payments made in accordance with valuations by customs and appraisers.
Meanwhile, an accountability court in Pakistan will announce the decision on the £190 million reference involving former prime minister Imran Khan and his wife, Bushra Bibi, on 13 January.
