Pair already serving time in prison: IK, wife given further jail terms

RAWALPINDI: A special court on Saturday sentenced Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan and his spouse Bushra Bibi to 17-year imprisonment in the Toshakhana-II case.

The case pertains to the purchase of an expensive Bulgari jewellery set, gifted to Imran by the Saudi crown prince during an official visit in May 2021, at a throwaway price.

Imran was sentenced to a total of 17 years in prison; he was awarded 10 years’ rigorous imprisonment under sections 34 (common intention) and 409 (criminal breach of trust) of the Pakistan Penal Code, and seven years under Section 5(2) (criminal misconduct by public servants) of the Prevention of Corruption Act.

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According to the 59-page judgment, the prosecution has proved its case against two accused by producing directly relevant, reliable and cogent evidence; hence, both the accused are hereby convicted for criminal breach of trust in furtherance of common intention, under sections 34, 409 of Pakistan Penal Code (PPC), as well as acting jointly towards commission of criminal misconduct under section 5(2) Prevention of Corruption Act (PCA) 1947/109 PPC,

Bushra Bibi was also sentenced to a total of 17 years’ imprisonment under the same provisions. Both of them were also fined Rs16.4 million. As per the law, a failure to pay the fines will result in additional jail time.

The ruling says that the court, while passing sentences, has considered the old age of Imran Ahmed Khan Niazi, as well as the fact that Bushra Imran Khan is a female. It is in consideration of both these factors that a lenient view has been taken in awarding lesser punishment. The benefit of section 382-B Cr.P.C. is hereby given to both convicts.

It says that the record and witnesses proved that the gifts were not deposited in the Toshakhana. The Rules of 2018 provide no penal action for the non-deposit; however, rules are meant to provide a procedure and the penal provisions are laid down by the legislature to punish wrongdoers, the ruling says. adding that the Prime Minister of a country should always act fairly, honestly, and uprightly to follow the procedure and law in letter and spirit. Being a responsible position, it was the prime duty of Khan to have deposited the gifts that were received by his wife in the Toshakhana, and then further processing for the retention should have been carried out.

The judgment says that it has also been established by the prosecution that the accused, in active connivance with each other, by not depositing the jewelry set in Toshakhana, violated the Procedure for the Acceptance and Disposal of Gifts, 2018. Furthermore, it has also been established beyond doubt that subsequently the position of Khan as Prime Minister was used to get a substantially undervalued assessment of this jewelry set, thereby illegally obtaining pecuniary benefit and defrauding the state exchequer.

It says that the gift was received by the accused Bushra Imran; however, wrongful acts of non-depositing the same in the Toshakhana, using influence and pressure to get an undervalued assessment, and then retaining State gifts at a very low price were done jointly in furtherance of a common intention by the two accused. Similarly, accused Khan being the Prime Minister of the Country and a public servant in active connivance/abetment of his wife acted jointly towards these illegal acts, which constitute the offence of criminal breach of trust, He, along with his wife, in active abetment of each other, abused his position and powers vested in the Office of Prime Minister for obtaining personal pecuniary advantages. The couple was entrusted with the custody of State gifts but they dishonestly misappropriated the same in connivance with each other.

Furthermore, they also acted together to obtain an undervalued assessment of the state gifts and thereby retained the same by depositing only a meagre amount, and thus committed criminal breach of trust. They are also guilty of criminal misconduct for fraudulently misappropriating the State gifts and obtaining pecuniary advantage through corrupt means, the judgment says.

According to jail authorities, both the accused were before the court at the time of the announcement of the judgment.

On July 13, 2024, the National Accountability Bureau (NAB) arrested Imran Khan and his wife Bushra Bibi in the Toshakhana-II case. Both remained in NAB’s physical remand at Adiala Jail for 37 days. After completing the investigation, NAB filed a reference in the accountability court on August 20, 2024.

Following the Supreme Court’s decision about the restoration of amendments to the NAB law, the Toshakhana-II case was transferred on September 9, 2024, to the Federal Investigation Agency (FIA) Anti-Corruption Circle. The FIA subsequently added Section 5 of the Anti-Corruption Act and Section 409 of the Pakistan Penal Code (PPC) to the case.

On October 23, 2024, the Islamabad High Court(IHC) granted bail to Bushra Bibi in the case, and she was released from Adiala Jail on October 24, 2024. Later, on November 20, 2024, the IHC also approved bail for Khan.

Both the accused were indicted on December 12, 2024. The trial of the Toshakhana-II case continued for nearly a year at Adiala Jail. A total of 21 witnesses were listed in the case.

Statements of 18 witnesses were recorded, and cross-examination was completed. Key witnesses included former Military Secretary Brigadier (retd) Muhammad Ahmed, private appraiser SohaibAbbasi, and the PTI founder’s former Principal Secretary, Inamullah.

Khan’s counsel, Barrister SalamanSafdar, while talking to the media outside the Adiala Jail after meeting with the incarcerated Khan, said that, like the previous verdicts against Khan and his wife, Khan appeared calm and was smiling. He showed no surprise at the decision as he was expecting it, he said.

Copyright Business Recorder, 2025