The National Accountability Bureau withdrew on Monday the Toshakhana case against the founder of former prime minister Imran Khan and his wife Bushra Bibi.
Following NAB’s request, the accountability court transferred the Toshakhana reference to a special judge in Central Islamabad. A prosecutor stated that, after the restoration of amendments to NAB laws, the Toshakhana case no longer falls under its jurisdiction.
The attorney representing the PTI founder stated that, in light of such amendments, the case should not even exist.
But the former prime minister would not be released as he still faces dozens of cases related to the May 9 events when violent protests started after his arrest from the Islamabad High Court premises in a graft case.
This comes after Khan sought acquittal in the NAB cases against him after the Supreme Court’s decision. Last week, the apex court rejected Khan’s plea to declare the NAB amendments null and void while approving intra-court appeals from federal and provincial governments, thereby reinstating the NAB amendments.
The detailed ruling stated that Khan could not satisfactorily convince the court regarding the invalidation of the NAB amendments.
Khan, 71, has been imprisoned at the Adiala Jail for over a year following his conviction in four cases, including two Toshakhana references. His sentences in the Toshakhana references were suspended, and he was also acquitted by the Islamabad High Court in the cipher case earlier this year.
In June, the national-graft buster re-arrested them in a new Toshakhana case reference hours after a court acquitted both in the unlawful marriage case, dashing their hopes of being released from prison.
Earlier this year, a UN panel of experts found Khan’s detention “had no legal basis and appears to have been intended to disqualify him from running for political office”.
“Thus, from the outset, that prosecution was not grounded in law and was reportedly instrumentalised for a political purpose,” it said, calling for his immediate release after nearly a year in jail.
PTI founder’s lawyer Salman Safdar argued that the new Toshakhana case was invalid following the restoration of NAB amendments. He asserted that under the law, no crime has been committed.
In response, the NAB prosecutor stated that, with the restoration of such amendments, the new Toshakhana reference was no longer within the anti-graft body’s jurisdiction.
Following this, NAB withdrew the new Toshakhana case from the accountability court. Accountability court Judge Muhammad Ali Warraich announced a three-hour recess before deciding to transfer the new Toshakhana reference to a special judge in central Islamabad.
The accountability court postponed the hearing on the PTI founder’s acquittal request until September 10. The court concerned would hear the case.
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PTI founder Imran Khan was accused of illegally acquiring and selling 74 watches as the prime minister, according to the inquiry report regarding the Toshakhana (state gift repository) case.
It added that the new case involved illegally selling 10 precious gifts, including Graff watches, Rolex watches, and diamond and gold sets. These gifts were allegedly sold without being properly reported to the Toshakhana, as law requires.
The report claimed that the gifts were sold with the collusion of appraisers, allowing the buyers to benefit. A Graff watch valued at Rs10.92 million was deposited in the government treasury for Rs2.178 million, representing 20 per cent of the actual value, it alleged.
The report added that all gifts must be reported and deposited in the Toshakhana. Gifts valued up to Rs30,000 can be retained by the recipient, but anything above that must be declared and deposited.