Issuing a 14-page verdict on Monday, Islamabad High Court recorded reasons behind granting extraordinary relief of post arrest bail to former Prime Minister Imran Khan in Tosha Khana II case, categorically saying the matter is of further inquiry.
A single-member bench of the Islamabad High Court (IHC) comprising Justice Miangul Aurangzaib stated in the detailed decision that no action can be taken for not depositing the gift of a Bulgarian jewelry set set in the Tosha Khana. The bench added that when action cannot be taken for not depositing the gift, then this is a case for further inquiry.
It has been stated in the verdict that the former prime minister and his wife are accused of not depositing a gift of a Bulgarian jewelry set from the Saudi Crown Prince in the Tosha Khana. It added that prima facie, the non-deposit of gifts in state depository does not entail “appropriate action” under the relevant rules.
The bench said in its verdict in the matter that the petitioner (Imran Khan) is of 72 years of age whereas his wife was granted post arrest bail in the same matter saying, “Bearing in mind the principles of consistency as well as my tentative view that this is the case of further inquiry, post-arrest bail was granted to the petitioner vide short order”
The bench noted that the Cabinet Divisions’ Office Memorandum (OM) dated March 18, 2023 was to have effect from February 22, 2023. It added, “FIA special prosecutor submitted very fairly that the said OM dated 18.03.2023 does not have retrospective effect so as to be made applicable to the case against the petitioner which took place almost two years before the said O.M. was issued.”
The court further noted: “The fact that the OM does not make the non-deposit of the gift with the Toshakhana /Cabinet Division liable to “appropriate action” under “the relevant rules,” this would, in my tentative view, make the case against the petitioner as one of further inquiry.”
It is pertinently mentioned that in November last year, the IHC approved the bail plea of the PTI founder in the new Toshakhana case. The court accepted Khan’s bail plea against two surety bonds worth Rs1 million each.
Imran Khan and the former first lady Bushra Bibi were taken into custody in the case on July 13, 2024, the same day the couple was acquitted in the Iddat case. However, Khan’s wife secured bail in the case from the IHC in October last year.
The bench said in the verdict that Imran Khan is 72 years old and has been in custody for more than four months in this case. The verdict mentioned that after the case was transferred to the Federal Investigation Agency (FIA), the investigating officer did not feel the need to question Imran Khan. Giving another reason to grant post arrest bail to the petitioner, the bench said that the top anti-graft body has filed reference against Imran Khan and documentary evidence of this case is already in the possession of the prosecution so there is no fear of tampering evidence of the case. The bench directed Imran Khan to appear before the trial court for adjudication in the matter saying if the petitioner misuses the concession of the bail, the prosecution can file a petition for cancellation of the bail.
