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Imran granted bail in Toshakhana case but release unlikely
• IHC warns non-cooperation during trial may result in bail cancellation; Imran to remain in jail over other criminal cases
• Rawalpindi police detain ex-PM on terrorism charges in Sept 28 protest case
• LHC rejects plea by PTI leader’s sister seeking his bail in all cases in Punjab, Islamabad
• Hearing on £190m reference adjourned until tomorrow
ISLAMABAD: The Islamabad High Court (IHC) on Wednesday granted bail to former prime minister Imran Khan in the second Toshakhana case concerning the purchase of an expensive Bulgari jewellery set at a throwaway price.
However, Mr Khan is unlikely to be released from jail as he needs to secure bail in nearly two dozen other cases. Late in the night, Rawalpindi police arrested him on terrorism charges related to a September protest.
Justice Miangul Hassan Aurangzeb approved Mr Khan’s post-arrest bail against surety bonds worth Rs10 million, cautioning that any non-cooperation during trial proceedings could lead to the cancellation of the bail.
The decision came after detailed arguments from Mr Khan’s legal counsel and the Federal Investigation Agency (FIA) prosecution. The case pertains to allegations that Mr Khan retained state gifts, including a Bulgari jewellery set, by undervaluing them in violation of Toshakhana rules.
According to the FIA, the alleged undervaluation resulted in financial losses to the state while benefiting Mr Khan and his wife, Bushra Bibi.
Mr Khan’s counsel rejected the allegations, stressing that the gifts were acquired under the 2018 Toshakhana policy, with payments made in accordance with valuations by customs and appraisers. The defence argued that the appraiser, Sohaib Abbasi, was coerced into altering his statement to implicate Mr Khan.
The counsel further highlighted procedural flaws, such as a delay of over three years in filing the case and vague charges under Section 109 of PPC.
During the hearing, Justice Aurangzeb questioned the prosecution’s evidence, including the reliability of witness statements and the specifics of alleged threats.
He also criticised the PTI government’s policy of withholding Toshakhana details, remarking, “When we asked, the details were hidden. Transparency was deliberately avoided.”
The judge dismissed the prosecution’s argument that Mr Khan benefited financially through his wife, quipping, “My wife’s belongings are not mine — what kind of logic is this?”
Ultimately, the court granted bail, noting that the case required further inquiry. The trial will now proceed to determine the validity of the charges.
Imran’s challenges persist
Despite the bail order, Mr Khan remains in Adiala Jail as he faces about two dozen FIRs across Lahore, Rawalpindi and Islamabad. Sources said he must secure bail in at least eight cases in Lahore related to the May 9, 2023 violent protests.
The former PM also faces three new cases registered in Rawalpindi under anti-terrorism laws, linked to PTI protests on Sept 28 and Oct 5. These cases were filed at the Naseerabad, New Town and Taxila police stations.
Sources also said Mr Khan has been granted bail in five earlier cases concerning the May 9 riots, but has yet to submit the required bail bonds, raising questions about his legal team’s diligence. In Islamabad alone, Mr Khan faces 62 cases, requiring bail in at least 15 of them.
Case filed in Rawalpindi
Hours after the IHC granted bail to Mr Khan, the Rawalpindi police arrested him in connection with a new case registered at New Town Police Station on terrorism and other charges.
On late Wednesday evening, a police spokesperson said Mr Khan had been detained in a case filed on Sept 28. A team, led by SSP investigations, has been tasked with probing the matter.
A source said the police team investigated the PTI leader on Wednesday.
In the three FIRs regarding the protest, the police allege Mr Khan, while imprisoned in Adiala Jail, had called for a protest at Liaquat Bagh. In response, KP Chief Minister Ali Amin Gandapur and his supporters declared their intention to participate, leading to violent demonstrations.
A senior police officer said PTI leaders, including Mr Khan and Mr Gandapur, called for the protest despite a ban.
Rawalpindi police have registered six cases across five police stations — two with the City Police Station, and one each with New Town, Waris Khan, R.A. Bazar, and Civil Lines — against PTI members, including lawmakers and local leaders.
The charges include violations of the Anti-Terrorism Act, defying the government ban on public gatherings, obstructing police duty, damaging police vehicles and endangering public safety.
Four cases include provisions under Section 21(1) of the Anti-Terrorism Act. Mr Khan and Mr Gandapur have been formally named under Section 109 of the PPC for aiding and abetting these offences.
£190m case hearing
Earlier, an accountability court held a hearing on the £190 million reference at Adiala Jail. Mr Khan and Bushra Bibi have yet to submit responses to the questionnaires issued to them.
The court granted Bushra Bibi’s request for an exemption from court appearance on medical grounds and adjourned the hearing till Nov 22.
LHC rejects plea
Meanwhile, the Lahore High Court dismissed a plea by Imran Khan’s sister, Noreen Niazi, seeking bail for her brother in all cases against him in Punjab and Islamabad.
An assistant attorney general presented a report to the court, stating that 62 cases had been registered against Mr Khan by the Islamabad police. The report was submitted in response to her petition.
After going through the report, Ms Niazi’s counsel asked the court to grant bail to Mr Khan in all the cases. However, Justice Farooq Haider turned down the request, observing that bail petitions must be filed personally by the suspect.
Wajih Ahmad Sheikh in Lahore and Mohammad Asghar in Rawalpindi also contributed to this report
Published in Dawn, November 21st, 2024
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