November 21, 2024
ISLAMABAD – The Islamabad High Court (IHC) on Wednesday granted bail to incarcerated former premier Imran Khan in a recent Toshakhana case while the government ruled out his release due to bail pending in cases against him.
IHC’s Justice Miangul Hassan Aurangzeb presided over the hearing on Imran’s bail petition today.
The short order, a copy of which is available with Dawn.com, said Imran’s petition was accepted and post-arrest bail was granted subject to furnishing bail bonds worth Rs 1 million with two sureties in the like amount to the satisfaction of the learned trial court.
“The petitioner is cautioned not to misuse the concession of bail and appear before the learned trial court on each and every date of hearing unless a specific exemption is granted by the said court. In the event, the petitioner misuses the concession of bail, it goes without saying that the prosecution can apply for the recall of the bail granting order,” the order warned.
Today’s development does not ensure Imran’s release from incarceration as he faces multiple other cases in which he has yet to be granted bail. The Lahore High Court (LHC) also rejected a plea of his legal team today for his pre-arrest bail in cases against him.
Imran and his wife, Bushra Bibi, were apprehended in the case on July 13, following their acquittal in the Iddat case the same day.
While Bushra Bibi had secured bail in the case from the IHC last month, allowing her to be freed from jail, the PTI founder has remained incarcerated since his arrest on August 5 last year in a separate Toshakhana case.
In the most recent case, the Federal Investigation Agency (FIA) accused the couple of retaining an expensive Bulgari jewellery set gifted by a foreign leader — including a necklace, earrings, bracelets, and rings — at a low price, saying it caused significant loss to the exchequer.
In September, Special Judge Central Shahrukh Arjumand had set the couple’s indictment in the case for October 2. However, it was deferred to October 5 on the defence counsel’s request for more time. A day prior to that, Judge Arjumand had rejected their post-arrest bail petitions.
On Oct 24, a day after the IHC approved her bail plea in the case, Bushra was released from Adiala Jail.
In its reference filed with the court, the National Accountability Bureau (NAB) has accused Imran and his wife of illegally retaining the jewellery set gifted to Bushra by the Saudi royal family during their visit to the kingdom in May 2021.
In its reference, the anti-graft watchdog further alleged that during his term as prime minister, Imran and his wife had received a total of 108 gifts from different heads of state and foreign dignitaries.
Of those gifts, they allegedly retained 58 gifts against an undervalued amount of over Rs142m. “Out of these 108 gifts, the accused persons retained 58 gift boxes/sets against an undervalued amount of Rs142.1 million as assessed by appraisers,” the reference said.
After the Supreme Court upheld amendments to NAB laws in September, the case was transferred to an FIA special court from an accountability court.
Hearing
FIA Prosecutor Umair Majeed Malik said in today’s hearing that the media was already reporting that bail would be granted no matter what the court decided to which Justice Aurangzeb told him to distance himself from what the media said.
As Imran’s counsel Barrister Salman Safdar briefed the court on the Bulgari set, he was asked how the price of the jewellery set was estimated to which the lawyer said that the prosecution would inform about this in court.
Justice Aurangzeb then asked whether the receipt had the name of Bushra Bibi or Imran, to which Safdar replied that it was in the former’s name. He noted that Sohaib Abbasi was made a sworn witness in the case, while Inamullah Shah was made a witness by the prosecution and was not a sworn witness.
Barrister Safdar said that all prosecuting agencies in Islamabad were involved in the case, including NAB, FIA, police, and the Election Commission of Pakistan (ECP).
“The police have also made a case of the fake Toshakhana receipt,” he said. Safdar added that the Kohsar police station had registered a case related to the receipt.
He informed the court that Bushra Bibi was granted interim bail by Justice Afzal Majoka and hoped that he would give his decision soon.
Justice Aurangzeb remarked that the PTI government would not disclose details of the Toshakhana case.
“When we asked, details would be hidden. The previous government wanted that no one should know about Toshakhana,” Justice Aurangzeb said.
Barrister Safdar said that one ground for argument was that the case had been registered three-and-a-half years later.
“No crime has been committed,” Barrister Safdar said. “In a case where there is no crime, it is for inquiry and bail.”
He reiterated that the gifts had been taken as per the Toshakhana policy and that at the time, the value of the gifts had been paid according to the policy.
“I took the gifts under Section Two of the Toshakhana policy. I kept the gifts based on the price valued by customs [department] and appraiser,” Safdar said while representing Imran.
He added that the stance about the actual value of the gifts was changed three-and-a-half years later.
Barrister Safdar told the judge that the appraiser had claimed that a threat came from Imran.
“But Sohaib Abbasi has said that Imran and Bushra Bibi have not come to him. According to Sohaib Abbasi, the threat was given through Inamullah Shah.”
To this, Justice Aurangzeb asked whether the three customs appraisers also mentioned a threat, to which Safdar replied,“ No, they said no one approached them.“
“If no one approached them then why didn’t they do their job?” Justice Aurangzeb wondered.
Safdar wrapped up his arguments and said he would present some details in written form. The FIA prosecutor then began his arguments.
Justice Aurangzeb asked whether he had read the witness’ statements to which the prosecutor replied saying the witnesses were notified on September 18.
“The witnesses came and confirmed the statements given earlier to the NAB,” the prosecutor said. Once again, Justice Aurangzeb inquired whether he himself had read the witness statements, to which the prosecutor affirmed that he had on September 19.
FIA prosecutor Umair Majeed told the court that a Bulgari set had not been deposited in the Toshakhana. “Undervaluing a state gift caused damage to the state,” the prosecutor said. “Both the PTI founder and his wife benefitted.”
To this, Justice Aurangzeb asked the prosecution how Imran benefitted from keeping the gift, to which Majeed responded: “When the wife benefitted, the husband also benefitted.”
At this, the judge said: “Please, my wife’s belongings are not mine. We don’t know what world we are in.”
The FIA prosecutor said that Imran and his wife adopted delaying tactics to put off their indictment, adding that the agency wanted to bring their conduct in the trial court on record.
The judge asked what action was taken against the three customs officers who wrongly valued the items to which the prosecution maintained that there was a lapse by customs officials but it was not criminal misconduct.
“No departmental action was recommended by NAB against those officers,” the FIA prosecutor said.
The judge subsequently accepted Imran’s plea subject to furnishing two bonds of Rs1 million each.
The judge also ordered the PTI founder to appear before the trial court after bail, warning that it could be revoked if Imran did not cooperate with the court during the trial.
‘Last case’ against Imran: Barrister Safdar
Speaking to the media after the hearing, Barrister Safdar said the new Toshakhana case was the last case the government had against Imran as “all previous prosecutions have lost steam one by one”.
He said Imran was “very optimistic” since yesterday and had told him that if today’s case went in their favour then the PTI founder was looking at his likely release.
“There is no case remaining. It has been a clean sweep. It is only fair and just now that he is released and is not arrested in any other false case.”
Information minister says Imran Khan will not be released
However, Information Minister Ataullah Tarar claimed otherwise, saying that Imran would not be released from jail due to not having bail in eight pending cases.
Speaking to Geo News, he said: “He (Imran) can’t be released since he doesn’t have bail in eight cases related to May 9 … and even this Toshakhana 2.0 case has to reach its logical conclusion and their arguments are very weak.”
Tarar said there was “no possibility of release”.
He added: “Even in the May 9th cases there is a lot of evidence that has come forward and the prosecution is working on it.”
He said there was still a lot of material and evidence left in the Toshakhana case and it still had to proceed in the trial court and be concluded.
Reactions
PTI MNA Ali Muhammad Khan applauded the approval of Imran’s bail and congratulated the nation.
Former president Arif Alvi called the decision “a good opportunity to move towards peace and security”, saying that Imran should not be arrested in “another false case”.
Former PTI senator Faisal Javed called for Imran’s immediate release after the IHC order.
Meanwhile, the ruling PML-N criticised the decision, alleging that Imran was “still their favourite!”, referring to the courts.
LHC rejects Imran’s pre-arrest bail plea in cases
Separately, the LHC denied pre-arrest bail to Imran in cases registered against him in Punjab and Islamabad.
A petition, a copy of which is available with Dawn.com, was filed by Imran’s sister Noreen Niazi regarding his bail. It requested that a fresh list be furnished of all cases against Imran and that his arrest be stopped in any undisclosed cases against him.
The case was heard by Justice Farooq Haider today.
Reports of cases filed against Imran by the Punjab and Federal Interior Departments were submitted to the court.
According to the Punjab Home Department, it had not registered any case against Imran.
The Islamabad Police had registered 62 cases against Imran, the federal government’s lawyer said, while 54 cases were registered in Punjab, according to the Punjab government’s advocate.
At this stage, the petitioner’s counsel requested the court to grant interim bail to the PTI founder in these cases but Justice Haider rejected the plea, stating that the suspect must appear before the court in person for pre-arrest bail.
He consequently disposed of the application in light of all the reports submitted by the various government departments.