Imran Khan, Bushra Bibi challenge Toshakhana 2 conviction in Islamabad High Court

Islamabad [Pakistan], December 29 : PTI founder and former prime minister Imran Khan and his wife Bushra Bibi on Monday filed separate appeals before the Islamabad High Court (IHC), challenging their conviction in the Toshakhana 2 case, Dawn reported.
The appeals follow a December 20 verdict by a special court that sentenced both Imran Khan and Bushra Bibi to 17 years' imprisonment in connection with the alleged purchase of a Bulgari jewellery set.
The jewellery was gifted to Imran Khan by the Saudi crown prince during an official visit in May 2021 and was allegedly acquired at a substantially reduced price.
During the proceedings, the prosecution maintained that the PTI founder retained the jewellery set, valued at around PKR 80 million, after paying only PKR 2.9 million.
In their petitions, the defence challenged the basis of the conviction.
According to copies of the appeals available with Dawn, the couple's lawyers argued that the sentencing was politically motivated, stating, "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."
The appeals also raised procedural concerns, noting that the National Accountability Bureau initially initiated the case before being transferred to the Federal Investigation Agency.
Questioning the manner in which the investigation was conducted, the appeals stated, "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."
"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."
Expanding on these concerns, the defence highlighted that the FIA submitted a challan "within two days of the initiation of the investigation", arguing that such a limited timeframe did not allow for a fair and transparent probe, Dawn reported.
The appeals further contended that the Toshakhana 2 conviction amounted to the fourth prosecution linked to Toshakhana-related matters and therefore constituted double jeopardy.
This was described as "reflecting a repetitive and overlapping invocation of criminal process in respect of the same subject matter".
"NAB deliberately chose to bifurcate the prosecution by selectively proceeding in respect of one set of gifts while deferring or abandoning prosecution in respect of the others. Such a course of action is impermissible in law," the appeals stated.
The petitions added that Toshakhana 1 and Toshakhana 2 concerned different gifts.
"The bifurcation of what ought to have been a single, composite trial into multiple proceedings was undertaken with the ulterior motive of ensuring the continued incarceration of the present appellant," the appeals argued.
In addition to procedural objections, the defence also submitted that the conviction failed to take into account the 2018 Toshakhana policy.
Clause I mandates that all gifts received must be reported and deposited with the Toshakhana.
Clause VI "provides that gifts valued above PKR 30,000 may be retained by the recipient upon payment of 50 per cent of the value exceeding the basic exemption of PKR 30,000".
The appeals maintained that there was no violation of the policy, as the gifts were deposited and the prescribed amount to retain them was paid.
They further argued that the Toshakhana policy does not envisage criminal charges relating to criminal breach of trust or misconduct, rendering the sentencing unlawful, Dawn reported.
"The learned trial judge misread and misapplied the relevant Toshakhana Policy/Rules governing retention of gifts," the appeals stated.
"The prosecution wholly failed to establish the guilt of the appellant and his wife beyond a reasonable doubt; however, this fundamental deficiency was entirely overlooked by the learned Special Judge, Central, while recording the conviction."
The defence also challenged the application of criminal breach of trust provisions.
They argued that such offences require proof of entrustment and dishonest misappropriation, and that cases under Section 409 of the Pakistan Penal Code apply only to a "public servant".
The appeals asserted that neither Imran Khan nor Bushra Bibi fulfilled these requirements.
"In the present case, the prosecution has failed to establish any of these foundational elements. There was no dishonest misappropriation or conversion, as the gifts were duly retained strictly in accordance with the Toshakhana Policy and Rules after payment of the requisite assessed amount," the appeals stated.
The petitions added that Imran Khan did not fall within the definition of a public servant under Section 21 of the PPC.
"The learned trial court, in paragraph 15 of the impugned judgment, has manifestly faltered in bringing the appellant within the ambit of the definition of a 'public servant' by relying upon the ninth description of Section 21 PPC, coupled with vague precedents from 1957 and 1961. This reflects a flawed, incorrect, and legally unsustainable approach," Imran Khan's appeal stated.
Bushra Bibi's appeal separately noted that she was "a housewife who has never held, occupied, or performed the functions of any public office".
It argued that the judgment was "coram non judice, without lawful authority, and liable to be set aside in its entirety".
On these grounds, the appeals sought to have the December 20 verdict overturned and requested that both Imran Khan and Bushra Bibi be acquitted of all charges in the Toshakhana 2 case.
Imran Khan and Bushra Bibi were indicted in the case in December last year.
In October this year, both denied the allegations, describing the case as fabricated and politically motivated, Dawn reported.
Imran Khan has been in custody since August 2023 and is currently serving a 14-year sentence at Adiala jail in a 190 million British pounds corruption case.
He also faces pending trials under the Anti-Terrorism Act related to the protests of May 9, 2023.
Bushra Bibi is serving a seven-year sentence in the same corruption case.