PTI founder and former prime minister Imran Khan and his wife, Bushra Bibi, filed separate appeals with the Islamabad High Court (IHC) challenging their conviction in the Toshakhana 2 case.
A special court on December 20 sentenced Imran and Bushra to 17 years imprisonment in the case, which pertained to the purchase of an expensive Bulgari jewellery set, gifted to Imran by the Saudi crown prince during an official visit in May 2021, at a throwaway price.
During the proceedings, the prosecution contended that the PTI founder retained the jewellery set, valued at approximately Rs80 million, after paying only Rs2.9m.
According to copies of the appeal available, the couple’s lawyers contended that the sentencing was politically motivated, arguing, “The overarching objective of the present prosecution appears to be the continued incarceration of the appellant, thereby preventing his participation in national politics and curtailing his political role and influence.”
Furthermore, it was noted that the case, initiated by the National Accountability Bureau (NAB), had been transferred to the Federal Investigation Agency (FIA).
“The learned trial court overlooked the methodology adopted by the Federal Investigation Agency in conducting the investigation. In the absence of settled law, precedent, or clear guidance on the subject, heightened care and caution were required in interpreting and applying the governing legal framework,” the appeal read.
“Instead, both the investigating agency and the Trial Court proceeded in a cursory manner. This is evident from the absence of any FIR (first information report) on the record.”
The appeals also noted that the FIA submitted a challan “within two days of the initiation of the investigation”, leaving inadequate time to conduct a fair and transparent probe.
It was further noted that the Toshakhana 2 conviction was the fourth prosecution in the Toshakhana cases and constituted double jeopardy, “reflecting a repetitive and overlapping invocation of criminal process in respect of the same subject matter.”
