Notices issued to Imran Khan, Bushra Bibi in Toshakhana case illegal: IHC

The Islamabad High Court (IHC) on Saturday said notices issued by the National Accountability Bureau (NAB) to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife Bushra Bibi in the Toshakhana case were illegal.

During a hearing of appeals lodged by Imran and Bushra Bibi against the notices, the court underlined that they “were not in conformity with the law”.

However, it pointed out that NAB’s deputy prosecutor general might have been correct in taking a certain position, as the petitioners did not appear in response to the notices.

The notices were related to an inquiry against the couple for allegedly “illegally” retaining Toshakhana gifts.

“Needless to observe that NAB shall be at liberty to issue fresh notices to the petitioners in line with the observations made hereinabove as well as law on the subject,” the court’s verdict stated.

Citing Section 19(e) of the NAB amendment act 2022, the verdict said that the provision under the section wasn’t followed which makes it compulsory that an individual is being summoned as an accused or witness.

Moreover, the verdict stated that said that the Sindh High Court had also laid down the principles in a case back in 2007. These principles were endorsed by the Supreme Court and IHC in cases in the past.

On Friday, an Islamabad court said it will indict Imran in the Toshakhana case on May 10, reported Aaj News.

The court gave the decision after rejecting two appeals lodged by Imran against his indictment in the case.

Imran’s legal team objected to the verdict and said the Election Commission of Pakistan (ECP) misled the country in its decision on the Toshakhana case, when it disqualified the former PM in the case.

Background

Established in 1974, the Tosha­khana is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats, and officials by heads of other governments and states and foreign dignitaries.

Lawmakers from the ruling coalition had filed a reference last year against Imran alleging that he had not shared details of the gifts he retained from the Toshakhana and proceeds from their reported sales.

In February 2023, the court had announced it would indict Imran but deferred its decision for medical reasons.

Following that, in March 2023, a convoy of Islamabad police had reached Zaman Park to arrest Imran in the Toshakhana case.

Law enforcement detained multiple party workers while many police officers were injured in the clashes. Ultimately, police was not able to arrest Imran.