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Toshakhana-II verdict: Imran Khan, wife sentenced to 17 years’ imprisonment each

Pakistan's court also hands down couple hefty financial penalties after being found 'guilty' of corruption and criminal breach of trust

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Aamir Abbasi

Editor, Islamabad

Aamir; a journalist with 15 years of experience, working in Newspaper, TV and Digital Media. Worked in Field, covered Big Legal Constitutional and Political Events in Pakistan since 2009 with Pakistan’s Top Media Organizations. Graduate of Quaid I Azam University Islamabad.

Toshakhana-II verdict: Imran Khan, wife sentenced to 17 years’ imprisonment each

Imran Khan and wife Bushra Bibi speak to media before submitting bail bonds in Lahore on July 17, 2023.

AFP/File

A special Pakistan court announced its verdict in the second gifts repository case on Saturday, sentencing PTI founder and former prime minister Imran Khan and his wife Bushra Bibi to a total of 17 years’ simple imprisonment (SI) each.

The couple has also been handed down hefty financial penalties after being found “guilty” of corruption and criminal breach of trust.

The verdict was announced by Special Judge Central Shahrukh Arjumand, who ruled that the prosecution had successfully proven the charges against both accused beyond reasonable doubt.

Details of the sentence

According to the court order, under Section 409 of the Pakistan Penal Code (PPC), which deals with criminal breach of trust by a public servant, Khan and his wife were each awarded 10 years’ simple imprisonment, along with a fine of Rs16.4 million each.

Separately, under Section 5(2) read with Section 47 of the Prevention of Corruption Act, 1947, the court awarded 7 years’ simple imprisonment each to Imran Khan and Bushra Bibi.

The combined sentences amount to 17 years’ imprisonment for each convict, in addition to the fines imposed. In case of default in payment of the fines, the convicts will be required to undergo additional imprisonment as prescribed under the law.

In its findings, the court observed that Imran Khan, while serving as prime minister, misused his authority by unlawfully retaining and benefiting from valuable Toshakhana gifts, causing financial loss to the national exchequer. The court ruled that state gifts are public property and any illegal retention, undervaluation, or concealment constitutes corruption and breach of trust.

The judgment further noted that Bushra Bibi actively facilitated and benefited from the illegal transactions, holding her equally responsible for the offence.

What is the Toshakhana-II case

The Toshakhana-II reference is linked to allegations that luxury gifts, including expensive wristwatches received from foreign dignitaries during Imran Khan’s tenure from 2018 to 2022, were unlawfully retained and sold at undervalued rates.

Under Toshakhana rules, public office holders are required to deposit gifts with the state or purchase them at officially assessed prices and declare any income generated from their sale. Investigations by the Federal Investigation Agency (FIA) concluded that the accused violated these rules, resulting in a significant loss to the national exchequer.

The case is part of a broader legal fallout from the Toshakhana controversy that surfaced in 2022 and has since led to multiple references and convictions.

Decision pre-written, dictated from above: PTI

The Pakistan Tehreek-e-Insaf (PTI) leaders rejected the verdict, terming it politically motivated and announcing plans to challenge the decision in higher courts.

In a strongly worded statement, PTI said the ruling was not a genuine judicial decision but a “pre-written verdict dictated from above” and merely read out by a so-called court inside Adiala Jail.

The party alleged that the verdict was announced in the absence of the accused’s lawyers, while family members were also barred from attending the proceedings, in clear violation of basic principles of justice and due process.

The party said the manner in which the verdict was delivered amounted to open contempt of court, contempt of law and contempt of justice. PTI maintained that during the trial itself, prosecution witnesses had been exposed as unreliable.

According to the statement, even government witnesses, including Brigadier Ahmed and Colonel Rehan, acknowledged in court that a complete record and documentation of Toshakhana gifts existed. PTI further claimed that the key prosecution witness, on whose testimony the case was built, had been completely discredited during the proceedings.

Legal experts expect appeals to be filed soon. The verdict further adds to the legal challenges faced by the PTI founder, who is already incarcerated in other cases, and is likely to have significant political repercussions.

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