ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi have decided to challenge their convictions in the Toshakhana-II references before the Islamabad High Court (IHC).
Two separate appeals, with almost similar arguments and contents, will be filed by the couple on Monday, seeking the annulment of the verdicts handed down by the Special Central Court on December 20, 2025.
The appeals have been drafted by more than a dozen PTI lawyers, including Salman Akram Raja and Barrister Salman Safdar.
According to the appeals, the trial court relied on the statement of Inamullah Shah, who had already been dismissed, arguing that basing a verdict on the testimony of a dismissed witness is legally untenable. The court also relied on the statement of an approver, which the appellants contend is contrary to law.
The petitioners maintain that the prosecution failed to establish its case against Imran Khan and Bushra Bibi. They further argue that the trial court overlooked serious flaws in the methodology adopted by the Federal Investigation Agency (FIA) during the investigation. In the absence of settled law, precedent, or clear guidance, the appeals state that heightened care and caution were required in interpreting and applying the relevant legal framework. Instead, both the investigating agency and the trial court proceeded in a cursory manner.
The appeals contend that this is evident from the absence of any FIR on record. They argue that, in undue haste and without determining the existence of criminality or the applicability of criminal breach of trust, a challan was submitted within two days of initiating the investigation. The trial court then allegedly framed charges mechanically and summoned prosecution evidence.
The appellants further submit that the essential ingredients of the offence of criminal breach of trust include: (i) entrustment of property, (ii) dishonest misappropriation or conversion of such property for personal use, and (iii) in cases under Section 409 of the Pakistan Penal Code, the mandatory requirement that the accused be a “public servant.” They argue that the prosecution failed to establish any of these elements.
According to the appeals, there was no dishonest misappropriation or conversion, as the gifts were retained strictly in accordance with the Toshakhana Policy and Rules after payment of the requisite assessed amount.
On December 20, an Islamabad court sentenced Imran Khan and Bushra Bibi to 17 years’ imprisonment each under various sections in the Toshakhana-II case.
Copyright Business Recorder, 2025
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