Imran Khan, Bushra Bibi Challenge Toshakhana 2 Conviction in Islamabad High Court
PTI founder and former prime minister Imran Khan and his wife, Bushra Bibi, on Monday filed separate appeals before the Islamabad High Court, contesting their conviction in the Toshakhana 2 case, Dawn reported.
The appeals stem from a December 20 ruling by a special court that sentenced both to 17 years in prison over the alleged purchase of a Bulgari jewellery set. The luxury item was gifted to Imran Khan by Saudi Crown Prince Mohammed bin Salman during an official visit in May 2021 and, according to prosecutors, was later retained at a heavily discounted price.
The prosecution maintained that the jewellery set, valued at roughly PKR 80 million, was kept after a payment of just PKR 2.9 million. The defence, however, has mounted a wide-ranging challenge to both the facts of the case and the legal process that led to the conviction.
According to copies of the petitions seen by Dawn, the defence argued that the case was driven by political considerations rather than evidence. The appeals stated that the prosecution’s underlying aim appeared to be “the continued incarceration of the appellant, thereby preventing his participation in national politics and curtailing his political role and influence.”
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The petitions also raised serious procedural objections. Lawyers noted that the case was initially taken up by the National Accountability Bureau before being transferred to the Federal Investigation Agency, a move they said raised questions about jurisdiction and consistency.
They further criticised the conduct of the investigation, arguing that the trial court failed to scrutinise the FIA’s methods. “In the absence of settled law, precedent, or clear guidance on the subject, heightened care and caution were required,” the appeals stated. Instead, the defence said, the investigation and trial were handled in a “cursory manner,” pointing to the absence of any registered first information report.
Adding to those concerns, the appeals highlighted that the FIA submitted its challan within just two days of initiating the investigation, a timeline the defence described as incompatible with a fair and transparent probe.
The petitions also contended that the Toshakhana 2 conviction amounted to double jeopardy. The defence argued that it was the fourth prosecution linked to Toshakhana-related matters, involving what they described as overlapping allegations over the same subject.
“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,” the appeals said, calling the approach legally impermissible. While acknowledging that Toshakhana 1 and Toshakhana 2 involved different gifts, the defence maintained that they should have been dealt with through a single, composite trial.
According to the appeals, splitting the cases into multiple proceedings was done with the “ulterior motive” of ensuring Imran Khan’s continued incarceration.
The defence also argued that the conviction ignored the 2018 Toshakhana policy governing the retention of gifts. Under the policy, gifts must be reported and deposited with the Toshakhana, and items valued above PKR 30,000 can be retained after payment of 50 per cent of the value exceeding that threshold.
The appeals maintained that these requirements were met, with the gifts duly deposited and the assessed amount paid. They further argued that the Toshakhana rules do not envisage criminal charges for breach of trust or misconduct, making the conviction legally unsound.
“The learned trial judge misread and misapplied the relevant Toshakhana Policy/Rules,” the petitions stated, adding that the prosecution failed to prove guilt beyond a reasonable doubt.
The defence also challenged the application of criminal breach of trust provisions, arguing that such offences require proof of entrustment and dishonest misappropriation. They said Section 409 of the Pakistan Penal Code applies only to a public servant, a definition they argued does not cover either Imran Khan or Bushra Bibi.
In Imran Khan’s appeal, lawyers said the trial court wrongly classified him as a public servant by relying on outdated and vague precedents. Bushra Bibi’s petition separately noted that she is a housewife who has never held public office, arguing that the judgment against her was without lawful authority and should be set aside in its entirety.
On these grounds, both appeals asked the Islamabad High Court to overturn the December 20 verdict and acquit the couple of all charges in the Toshakhana 2 case.
Imran Khan and Bushra Bibi were indicted in the matter in December last year and formally denied the allegations in October, calling the case fabricated and politically motivated, Dawn reported.
Imran Khan has been in custody since August 2023 and is currently serving a 14-year sentence in a separate corruption case involving £190 million. He also faces pending trials under the Anti-Terrorism Act related to the May 9, 2023 protests. Bushra Bibi is serving a seven-year sentence in the same corruption case.