Court Declares 2023 Amendments Non-Retroactive, Highlights Procedural Delays in Toshakhana Trial Against Former PM Imran Khan
Islamabad, January 7: The Islamabad High Court (IHC) has ruled that former Prime Minister Imran Khan cannot be prosecuted under the amended 2023 Toshakhana rules for failing to deposit a Bulgari jewellery set gifted by the Saudi crown prince. The court emphasized that the amendments introducing penalties cannot be applied retroactively.
In a detailed 14-page judgment, Justice Miangul Hassan Aurangzeb clarified that under the 2018 Toshakhana rules, Imran Khan was only required to submit a receipt for the gift, not the gift itself. The Federal Investigation Agency (FIA) had earlier accused Khan and his wife, Bushra Bibi, of undervaluing the jewellery, allegedly causing a loss of PKR 32.8 million to the national exchequer.
The court noted no evidence of direct threats or coercion by Khan regarding the undervaluation. It also highlighted significant delays in the trial proceedings, pointing out that despite Khan’s detention for over four months, an indictment had not been initiated.
The investigation, initially handled by the National Accountability Bureau (NAB) and later transferred to the FIA, has seen minimal progress in court. Justice Aurangzeb emphasized that Khan must adhere to bail conditions, including attending all hearings, warning that any misuse of bail could lead to its cancellation.
In the ongoing trial, the FIA prosecutor completed cross-examination of Toshakhana Section Officer Bin Yamin, while Mohammad Ahad, deputy secretary of the cabinet division, also testified. Four more prosecution witnesses are scheduled for the next hearing on January 8.
In a related case, the verdict in the GBP 190 million corruption reference involving Khan remains delayed due to the absence of Accountability Court Judge Nasir Javed Rana. Initially reserved on December 18, the verdict is now expected on January 13.
The NAB has accused Khan’s cabinet of approving a secret agreement in 2019 to return GBP 190 million, seized by the UK’s National Crime Agency (NCA), to real estate tycoon Malik Riaz. Allegations include misuse of authority by Khan and his wife to facilitate the deal, with claims of vast land transfers and financial kickbacks involved.
The legal proceedings surrounding both cases continue to draw significant attention, reflecting the broader political and judicial landscape in Pakistan.
