The Islamabad High Court (IHC) has granted bail to Pakistan Tehreek-e-Insaf (PTI) founder and former Prime Minister Imran Khan in the Toshakhana II case. Justice Mian Gul Hassan Aurangzeb issued a detailed 14-page judgment, declaring the matter a case for further inquiry. The decision provides significant relief to both Imran Khan and his wife, Bushra Bibi, who were named in the case.
Case Overview
The Toshakhana II case involves allegations that Imran Khan and his wife failed to deposit a gift of a Bulgarian jewelry set from the Saudi Crown Prince into the Toshakhana. According to the Federal Investigation Agency (FIA), this act breached trust and caused financial losses to the national treasury.
However, the court clarified that under the Toshakhana Rules of 2018, only a receipt for the gift was required, not the gift itself. Imran Khan submitted the receipt through the Deputy Military Secretary, effectively challenging the basis for criminal proceedings.
Key Highlights of the Court’s Decision
Allegations and Rules
The prosecution claimed that Imran Khan and Bushra Bibi violated procedures by not depositing the jewelry set. However, the court noted that the Toshakhana Rules of 2018 only required a receipt for the gift. Since this receipt was submitted, the allegations lacked a solid foundation.
Amendments to the Office Memorandum
The court highlighted that in 2023, the Cabinet Division amended the office memorandum to penalize non-submission of gifts. However, the amended rules cannot be applied retroactively to actions taken in 2018.
Prosecutor’s Arguments
The FIA prosecutor admitted that there was no evidence of direct pressure or threats from Imran Khan or Bushra Bibi to undervalue the gift. Additionally, the testimony of Sohaib Abbasi, who determined the gift’s price, has not yet been recorded.
Considerations for Bail
The court considered Imran Khan’s age (72 years) and his detention of over four months. It noted that the trial process, which has yet to start, could take considerable time. Furthermore, all documentary evidence is already in the prosecution’s possession, reducing the risk of tampering.
Conditions Imposed by the Court
The IHC emphasized that Imran Khan must attend all trial court hearings. Any misuse of bail privileges would allow the prosecution to petition for cancellation.
Broader Implications
The Toshakhana II case has sparked debates over the accountability of public officials and the handling of state resources. Critics accuse Imran Khan of misusing his position, while his supporters view the legal proceedings as politically motivated.
The IHC’s decision underscores the importance of adhering to established rules and ensuring fairness in legal proceedings. By categorizing the case as one for further inquiry, the court has provided temporary relief while emphasizing the need for due process.
The Islamabad High Court’s detailed judgment granting bail to Imran Khan marks a significant development in the Toshakhana II case. The decision not only provides legal relief to the PTI founder but also raises questions about the implementation and interpretation of Toshakhana rules. This case highlights the broader challenges of ensuring transparency and accountability among public officials in Pakistan.
