The legal entanglements of Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), persist in escalating, with an accountability court delivering a verdict on Wednesday that sentenced the former prime minister and his spouse, Bushra Bibi, to a 14-year prison term coupled with stringent penalties in the Toshakhana reference.
Judge Muhammad Bashir of the accountability court pronounced the judgment, simultaneously disqualifying Khan from holding any public office for a decade and imposing a hefty fine of Rs1.57 billion, with Rs787 million levied on each of the accused.
During the preceding hearing, conducted within the confines of Adiala jail, the court recorded Bushra Bibi’s statement under Section 342.
In response, Khan asserted that his wife had no involvement in the case and was being subjected to humiliation by being involuntarily implicated.
At the commencement of today’s hearing, Judge Bashir inquired if Khan had submitted his statement. In reply, the former premier expressed his intention to furnish a statement once his legal representatives were present.
“I feel deceived, as I was summoned merely to mark my attendance for the hearing,” lamented the PTI founder.
Subsequent to the verdict, Bushra Bibi, absent during the announcement of the sentence in court, presented herself at Adiala jail and surrendered to the authorities.
NAB had initiated the reference against the duo concerning a graff jewelry set, encompassing necklaces, earrings, bracelets, and a ring valued at Rs1.57 billion.
Khan and Bushra had remitted only Rs9 million, determining the price of the jewelry set through a private enterprise.
Gohar vows to challenge decision in high court
Barrister Gohar Khan, Chairman of PTI, decried the verdict as “cruel,” contending that the accountability court had not previously rendered such a severe decision.
“[Other politicians] are facing punishment merely to appease a leader,” he asserted, adding that the court had denied the opportunity for cross-examination.
Barrister Gohar affirmed their intent to file an appeal in the high court against the verdict, emphasizing that Bushra Bibi had no connection to the case, having not personally accepted any gifts.
“The sentencing of Bushra Bibi is a tactic to exert pressure on PTI’s founder, and our right to defend has been undermined,” he declared, expressing hope for justice through the superior courts.
Gohar urged PTI supporters to maintain composure, assuring them that the ordeal would conclude. “We will actively participate in the upcoming elections,” he concluded.
IHC upholds validity of jail trial notification
Conversely, the Islamabad High Court (IHC) upheld the validity of the notification for Khan’s jail trial in Toshakhana and the £190 million settlement cases.
The court dismissed the PTI founder’s petitions challenging the jail trial in cases brought forth by the National Accountability Bureau (NAB).
The IHC elucidated that the jail trial was prompted by concerns for the petitioner’s life, asserting that it wasn’t motivated by malice.
In a detailed verdict, Chief Justice Aamer Farooq and Justice Tariq Jahangiri rebuffed the petitioner’s objections regarding the appointment of the accountability judge.
The IHC contended that the executive is responsible for determining the location of the sessions court. Absent an executive order, the relevant court can issue an order for the hearing elsewhere.
Nevertheless, the court stipulated that the hearing must transpire at the designated location in the presence of an executive order.
Addressing the objection over the timing of the jail hearing notification preceding the reference, the IHC affirmed its correctness. It emphasized that proceedings could not be nullified based on an executive or trial court order.
Toshakhana case under scrutiny
The Toshakhana case has been under intense scrutiny since allegations surfaced that Khan exploited his position as prime minister between 2018 and 2022 to purchase gifts at nominal rates and subsequently sold them in the market for substantial profits.
The 70-year-old former cricketer-turned-politician faced accusations of misusing his premiership to trade gifts in state possession, received during foreign visits, with a cumulative value exceeding Rs140 million ($635,000).
Among the gifts were watches from a royal family, reportedly sold by Khan’s aides in Dubai.
The collection included seven wristwatches, six of which were crafted by Rolex, with the most expensive being a “Master Graff limited edition” valued at 85 million Pakistani rupees ($385,000).
The National Assembly Speaker, Raja Pervez Ashraf, forwarded a reference to the Election Commission, prompting an investigation. The electoral body subsequently declared the former premier guilty of corrupt practices and lodged a complaint in an Islamabad court.
Timeline of legal proceedings
On October 21, 2022, the ECP asserted that the former prime minister had made “false statements and incorrect declarations” about the gifts, leading to his disqualification under Article 63(1)(p) of the Constitution.
The election watchdog petitioned a sessions court in the federal capital, seeking criminal proceedings against the PTI chief for allegedly misleading the ECP regarding gifts received from foreign dignitaries during his tenure.
Indicted on May 10, 2023, the PTI chairman’s petition to deem the case inadmissible was rejected by the trial court.
On July 4, 2023, the IHC overturned the trial court’s decision, instructing a rehearing within seven days.
ADSJ Dilawar, on July 8, 2023, declared the Toshakhana case against Khan as maintainable, sparking another challenge in the IHC.
Amidst trial proceedings, Khan’s legal team accused the presiding judge of bias based on his Facebook posts, seeking a case transfer.
On August 2, 2023, the trial court rejected the list of witnesses presented by the PTI chairman, citing a failure to prove their “relevance.” This decision was also contested in the high court.
However, on August 4, 2023, IHC Chief Farooq referred the matter back to the trial court, directing a re-examination of jurisdiction and procedural lapses in the Election Commission’s complaint filing.
On August 5, 2023, the trial court found the former prime minister guilty of misdeclaration of state gifts.
Yet, on August 29, 2023, the IHC suspended Khan’s sentence while maintaining his conviction and disqualification.
On December 24, 2023, the Supreme Court Registrar’s Office returned Khan’s appeal, citing objections over incomplete documents.
Undeterred, on December 26, 2023, Khan approached the top court again, seeking the nullification of his conviction and the trial court’s verdict.
On January 9, 2024, an accountability court indicted Khan and his spouse in the Toshakhana reference.
