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NAB seeks retrial of Imran in first Toshakhana reference
ISLAMABAD: The anti-graft watchdog on Thursday urged the Islamabad High Court (IHC) to set aside the conviction of Imran Khan and his wife Bushra Bibi in a case related to a Graff jewellery set obtained from the Toshakhana, and remand the matter back to the accountability court for a retrial.
An IHC bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb gave time to Barrister Syed Ali Zafar to consult Mr Khan and Bushra Bibi on the proposal.
The bench said if Barrister Zafar opposed the National Accountability Bureau’s proposal, then the appeals of his clients would be reviewed on merit alone.
The high-profile case, which involved allegations the ex-premier unlawfully retained state gifts, had resulted in the Jan 31 conviction by an accountability court. Both Mr Khan and Bushra Bibi were sentenced to 14 years in prison and fined Rs787 million.
During the hearing, NAB Special Prosecutor Amjad Pervez reiterated his concerns about the trial court’s conduct.
He cited that 11 witnesses’ statements were omitted from record and doubted if the sentences were issued on merit.
Mr Pervez offered that the IHC may nullify the convictions and remand the case back for a retrial, adding that initial sentencing lacked adequate legal basis.
Barrister Zafar argued against the validity of the trial’s proceedings. He pointed out procedural inconsistencies, including the removal of Bushra Bibi’s cross-examination rights on Jan 29 and recording of her statement late at night on Jan 30.
The counsel asserted that he would submit further evidence to demonstrate that the trial court’s decision was unsustainable.
Justice Aurangzeb outlined two options for moving ahead: accepting NAB’s remand proposal or restarting the case with a new indictment.
He advised Mr Zafar to consult his clients, clarifying that if the NAB’s proposal was not accepted, the court would review the appeals on merit alone, disregarding technicalities at the trial court’s level.
The IHC then adjourned the hearing to Nov 21.
Acquittal pleas dismissed
Separately, Special Judge Central Shahrukh Arjumand dismissed the Imran Khan and Bushra Bibi’s petitions seeking acquittal in a case related to the purchase of a Bulgari jewellery set from Toshakhana at a throwaway price.
When the judge resumed hearing, advocate Khalid Yousaf Chaudhry sought exemption for Bushra Bibi from personal attendance. The judge allowed the request. The indictment was deferred till Nov 18.
FIRs against Imran
The Islamabad Police informed IHC Justice Arbab Mohammad Tahir that Mr Khan had been nominated in 62 FIRs and was facing seven cases instituted by FIA.
The police prosecutor shared the details on a petition seeking details of cases pending against the ex-PM.
He sought time to submit a comprehensive report in this regard.
Further hearing was adjourned till Nov 18.
Published in Dawn, November 15th, 2024
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