Jailed Pakistan ex-PM Imran Khan’s wife granted bail in Toshakhana case

A Pakistani court granted bail on Wednesday to the wife of former prime minister Imran Khan in a case pertaining to the illegal sale of state gifts - a relief for the embattled politician who could see his spouse released from prison for the first time in months.

Both Khan and his wife, Bushra Bibi, are currently in jail on multiple charges including illegally selling gifts worth more than 140 million rupees ($501,000) received during his 2018-2022 premiership from a state treasury known locally known as the "Toshakhana".

Khan denies the charges, saying they are trumped up by the government to victimize the 72-year-old former cricket star, who remains widely popular and whose candidates won the most seats in February's general election.

The Islamabad High Court (IHC) today said that Bushra was granted post-arrest bail for "reasons to be recorded later," according to an order shared by the media office of Khan's Pakistan Tehreek-e-Insaf (PTI) party.

The IHC said Bushra was granted post-arrest bail for "reasons to be recorded later," according to an order shared by the media office of Khan's Pakistan Tehreek-e-Insaf (PTI) party.

Expecting Bushra’s release today, her legal team voiced frustration over administrative hurdles, saying that court officials were unavailable to process the necessary paperwork.

'Judicial officers were missing'

In a video posted on X, PTI legal team member Khadija Siddiqi said key judicial officers were missing. “Special Judge Central Shahrukh Arjumand was unavailable, Duty Judge Humayun Dilawar was on leave, and Special Courts Administrative Judge Raja Jawad Abbas had already left for the day,” she added.

She further said that attempt to have another judge handle the release warrant failed, as the judge was not “authorized” to act as a duty judge.

Today's court proceedings

The IHC bench, presided over by Justice Miangul Hassan Aurangzeb, approved Bushra Bibi’s bail against surety bonds of PKR 1 million. The bail plea, filed by Advocate Yousaf Chaudhry, argued that the allegations were without merit.

He emphasized that Bushra Bibi, a housewife, had no official role in the transactions being investigated.

Bushra Bibi approached the IHC on October 3 to seek bail in connection with the Toshakhana case, which pertains to the alleged misappropriation of a jewelry set from the government’s gift repository.

During the court proceedings, Justice Aurangzeb raised a key question, asking why Imran Khan was implicated if it was Bushra Bibi who failed to deposit the gifts.

FIA prosecutor Umair Majeed explained that since Imran Khan was a public officeholder, he was legally responsible for ensuring compliance with the Toshakhana rules.

Justice Aurangzeb compared the case to that of Justice Qazi Faez Isa, where the husband was held accountable for his wife's actions.

However, Majeed explained that the circumstances of Justice Isa’s case were different.

The prosecutor maintained that any gift received by a public official must be deposited with the state, and officials are permitted to buy back gifts through a formal process within four months of receiving a price estimate. The FIA stressed that in this case, the gifts were not deposited, which could result in legal consequences.

Justice Aurangzeb questioned whether it was necessary to investigate Bushra Bibi further, to which the FIA investigator responded that no further inquiry was required. The judge also remarked that Toshakhana law does not offer a plea bargain, unlike National Accountability Bureau (NAB) laws, and added that proper valuation of the gifts could only be established through an auction process.

At one point during the hearing, Justice Aurangzeb referenced a case involving the British Prime Minister taking home gifts while adhering to official rules, pointing out that issues of stature and moral responsibility also come into play in such cases.

PTI relieved

In reaction to the court’s decision, the PTI expressed relief, emphasizing that Bushra Bibi is facing no other charges and should be released soon. The party also criticized the case as politically motivated and part of a broader attempt to target her and keep her incarcerated. PTI reiterated that Bushra Bibi’s role was limited to being a housewife and that the allegations lacked basis.

PTI said a surety bond had been submitted for Bibi's release and hoped she would be freed from prison on Wednesday after "264 days of unlawful incarceration", Reuters reported.

Addressing the media after the court hearing, PTI lawyer Salman Safdar said: "Today was the last hearing of the Toshakhana case against Bushra Imran. It is really unfortunate that under criminal law, one transaction is being bifurcated, it is being subdivided.

“By fragmenting one case into many parts, at times limited to one gift, at times to another, the purpose is only to elongate the incarceration of both husband and wife,” he said.

Highlighting another issue, he said the government could provide a justification for this prolonged detention in any case but it took the lawyers a very long time to get justice.

“The reason behind this was the massive misuse of police machinery and our ongoing political victimization," he added.

Bushra Bibi’s legal challenges

Bibi was first arrested in January. She was acquitted in the Iddat (illegal marriage) case in July, 2024, but quickly arrested again in the state gifts case before she could be released.

This verdict was delivered by Islamabad's District and Sessions Court under Judge Muhammad Afzal Majoka, who directed her release unless involved in other cases.

However, Bushra Bibi remains implicated in the £190 million Al-Qadir Trust corruption case. This case centers on accusations that both she and Imran misused their positions to secure financial benefits for the trust, involving corruption and real estate dealings.

Investigations are ongoing, although she has secured pre-arrest bail in this case.

While the Toshakhana bail decision provides significant relief for Bushra Bibi, the legal challenges involving her and her husband remain far from over.