Toshakhana reference case

Last updated

Toshakhana reference case
Emblem of the Election Commission of Pakistan.svg
Court Election Commission of Pakistan (ECP)
Decided21 October 2022
Ruling
Imran Khan disqualified from holding office as a member of Pakistan's National Assembly; Election Commission of Pakistan ordered to initiate legal proceedings against Khan
Court membership
Judge sitting Sikandar Sultan Raja

The Toshakhana reference case was a landmark decision by the Election Commission of Pakistan (ECP) that disqualified Imran Khan, former prime minister of Pakistan, from holding public office for five years.

Contents

The case was filed in August 2022 by members of the Pakistan Democratic Movement for Khan's failure to report the details of Toshakhana gifts in declarations of annual assets submitted to the ECP. The ECP initiated the inquiry and announced its final verdict on 21 October 2022, ruling that Khan had made false statements and inaccurate declarations regarding his assets and liabilities for the year 2020-21 in the reference under Article 63(1)(p) of the Constitution. This disqualified Khan from public office for five years. It also ordered the reference to be sent to the trial court for the commencement of criminal proceedings. Khan challenged this verdict, which came despite him not submitting any nomination papers for an election, arguing that he obtained the gifts legally from the Toshakhana and used the proceeds from their sale for public investment and development works. International observers such as United Nations dubbed detention and prosecution in the Toshakhana case as politically motivated and without legal basis with the motives to exclude him from competing in the political arena. [1]

Background

The Toshakhana is a department attached to the Cabinet Division's administrative supervision. Certain public officials (including the Prime Minister) are required to declare to the Toshakhana any gifts received by them in an official capacity e.g. from foreign dignitaries. [2]

Imran Khan was Prime Minister of Pakistan from 18 August 2018 to 4 April 2022.

Case

The Toshakhana reference case was filed in August 2022 by Mohsin Shahnawaz Ranjha and other politicians from the coalition government, [3] alleging former prime minister Imran Khan's failure [2] to disclose information about the gifts from various heads of state deposited in the Toshakhana and to report the sales revenue he earned by selling them directly on the market. Lawmakers from the governing alliance, the Pakistan Democratic Movement, gave the reference to Raja Pervaiz Ashraf, the speaker of the National Assembly. Ashraf then passed the reference to Chief Election Commissioner Sikandar Sultan Raja for further action. [2]

Toshakhana, PIC and Islamabad High Court

In 2021, Rana Abrar Khalid, an Islamabad-based journalist, submitted an application to the Pakistan Information Commission (PIC) under the Right to Information Law for the release of details about the gifts Khan had received. The Commission approved the request and ordered the Cabinet Division to provide him with information about the presents Khan had obtained from different heads of state. [2]

The Cabinet Division challenged the PIC's disclosure order in the Islamabad High Court (IHC), stating that it was unlawful to share the details of the Toshakhana gifts, since the Cabinet Division believed it would jeopardise international ties. [2] In April 2022, after many court hearings, the IHC instructed Arshad Kayani, the deputy attorney general, to ensure compliance with the PIC's order regarding disclosure of the details of the gifts Khan had received since he took office. [4]

ECP findings

In his reply to the ECP on 8 September 2022, Khan admitted to selling four gifts he had received from different heads of state while prime minister. He claimed the gifts which he purchased from the Toshakhana for 21.56 million rupees, later brought in roughly 58 million rupees at a sale. A Graff watch, some cufflinks, a ring, and an expensive pen were included in one of the gifts, while four Rolex watches were in the other three. [5]

In the case, lawmakers from the ruling coalition presented evidence to support their allegations against the former prime minister and demanded his disqualification in accordance with article 63 of the Pakistani Constitution, sections 2 and 3, in conjunction with Article 62(1)(f). [6]

Verdict

In light of its findings, Khan's admission and the petitioner's evidence, the Election Commission saved the decision against the Toshakhana reference on 2 October 2022. [7] On 21 October 2022, the ECP announced its saved decision applying to the present term of the National Assembly and disqualified Khan for making false assertions and erroneous declarations related to his assets and liabilities for the financial year of 2020-21 in the reference under Article 63(1)(p). [8] [9] It also ordered the reference to be sent to the trial court to initiate criminal proceedings. [10]

Aftermath

Khan challenged the verdict in the Islamabad High Court on 22 October 2022, arguing that he obtained the gifts legally from the Toshakhana and had used the revenue from the sale to repair a road leading to his house, which he said also benefited his neighbours. [11] He also noted that previous leaders such as Sharif, Gillani, and Zardari had purchased expensive gifts from the Toshakhana (including vehicles, the purchase of which is not allowed) for ludicrously low prices: on occasions, less than 20% of the assessed price, with some gifts even being bought for between 5% and 7% of the assessed price. In contrast, while prime minister, Khan himself had raised the retention rate to 50% of the assessed value – the same rate at which he then purchased the gifts. [12] Khan then announced the 2022 Azadi March II to protest the verdict. [13]

Trial in sessions court

In keeping with the verdict, on 21 November 2022, the Election Commission sent the trial court a reference regarding the Toshakhana for the commencement of criminal proceedings against Khan. In accordance with Sections 137, 170, and 167 of the Election Act, the district and sessions judge received the reference. [14] The written decision stated that Khan had "intentionally and deliberately" broken the laws outlined in sections 137, 167, and 173 of the Elections Act of 2017 by providing a "false statement" and "incorrect declaration" to the ECP in the details of his assets and liabilities filed by him for the financial year 2020–21. [14]

The ECP alleged Khan engaged in "corrupt acts," as described in Sections 167 and 173 of the Elections Act of 2017, which is criminal under Section 174 of the same law, by making false statements and erroneous declarations. In accordance with Section 190(2) of the Elections Act, the Commission had ordered criminal charges be brought against Khan for making a false declaration. [14]

On 27 December 2022, the Islamabad High Court instructed the Cabinet Division to report the specifics of gifts obtained from Toshakhana since 1947. [15] Khawaja Haris was hired by Khan's party, the Pakistan Tehreek-e-Insaf, as its lawyer for the Toshakhana case. [16]

On 30 March 2023, the trial against Khan was delayed to 29 April, because of Eid al-Fitr and Ramadan. On 4 April 2023 the election supervisor requested an earlier hearing, the court subsequently decided on 8 April to hear the ECP's request on 11 April. On 10 May 2023, Khan was indicted by Additional Sessions Judge Humayun Dilawar, who did not agree to objections on the case's sensibility. [17]

The IHC temporarily stopped criminal proceedings until 8 June 2023. The hearings resumed in June, in which Chief Justice Aamer Farooq saved his verdict on 23 June 2023, due to Eid al-Adha. [17] On 4 July 2023, the IHC, Chief Justice Aamer Farooq presiding, [18] asked Judge Dilawar to reevaluate Khan's application to dismiss the criminal proceedings in seven days. [18] Judge Dilawar decided on 9 July 2023 that the reference was maintainable and continued with the stalled proceedings. [19]

On 5 August 2023, the Islamabad trial court declared Imran Khan guilty of "corrupt practices" under Section 174 of the Election Act in the Toshakhana case and sentenced him to three years in prison along with a fine of Rs. 100,000. [20] Khan was taken into custody and jailed the same day, [21] while his legal team filed an appeal against the conviction on 8 August. [22]

On 29 August, a two-member bench of the IHC suspended Khan's conviction and three-year prison sentence. The bench also ordered his release on bail. [23]

A separate tosha khana reference was filed by National Accountablity Court in December 2023 against Khan and His wife Bushra Bibi in an accountability court for retaining a jewellery set received from Saudi crown prince against undervalued assessment. [24]

On 31 January 2024, the court convicted and sentenced Khan and his wife Bushra Bibi to 14 years' imprisonment and order them to pay a fine of about 1.5 billion rupees ($5.3 million). [25]

On 1 April 2024, Islamabad High Court suspended Imran Khan and his wife 14 years jail sentence and granted them bail in NAB Tosha Khana case. [26]

On 13 July 2024, Imran Khan and his wife once again arrested by NAB in Tosha Khana Case. According to an inquiry report valuable items including Graff and Rolex watches, as well as diamond and gold jewelry, were sold without being deposited in the Toshakhana. A Graff watch, valued at Rs100.9 million, was sold for Rs20.1 million, with an appraiser's underestimation indicating collusion. [27] [28]

Related Research Articles

<span class="mw-page-title-main">Imran Khan</span> Former Pakistani cricketer and former prime minister (born 1952)

Imran Ahmed Khan Niazi is a Pakistani politician and former cricketer who served as the 22nd prime minister of Pakistan from August 2018 until April 2022. He is the founder and former chairman of the political party Pakistan Tehreek-e-Insaf (PTI) from 1996 to 2023. He was the captain of the Pakistan national cricket team throughout the 1980s and early 1990s.

<span class="mw-page-title-main">Jahangir Tareen</span> Pakistani politician

Jahangir Khan Tareen is a Pakistani businessman and former politician who is the majority shareholder and CEO of JDW Group, a conglomerate specializing in the manufacturing and sale of sugar and associated products, ethanol(bio-fuels) production, power generation, transmission and sales, sugar cane farms, and aircraft operations and maintenance services. Jahangir Tareen is also the chairman and owner of JK Group, a conglomerate specializing in manufacturing and sale of sugar and associated products, milk production, processing and sales, power generation, transmission and sales, production and sales of fruits and agricultural produce, granite mining and sales, PepsiCo Multan franchise and PSL Multan Sultans' franchise. Khan has been a member of the National Assembly of Pakistan thrice between 2002 and 2017.

<span class="mw-page-title-main">Maryam Nawaz</span> Pakistani politician (born 1973)

Maryam Nawaz Sharif is a Pakistani politician, currently serving as the 20th Chief Minister of Punjab, in office since 26 February 2024. She is the daughter of former Prime Minister of Pakistan Nawaz Sharif and her initial involvement in public life was through her family’s philanthropic organisations. However, her political career began in earnest in 2012 when she took charge of the election campaign for the 2013 general elections. Following the elections, she was appointed as the Chairperson of the Prime Minister’s Youth Programme in 2013. Despite her active role, she resigned from the position in 2014 after her appointment was legally challenged in the Lahore High Court.

Qazi Faez Isa is a Pakistani jurist who is currently serving as the 29th Chief Justice of Pakistan (CJP) since 17 September 2023. He was appointed as a justice of the Supreme Court in 2014, having previously served as the chief justice of Balochistan High Court from 2009 to 2014.

<span class="mw-page-title-main">NA-47 Islamabad-II</span> Constituency of the National Assembly of Pakistan

NA-47 Islamabad-II is a constituency for the National Assembly of Pakistan.

<span class="mw-page-title-main">2018 Pakistani general election</span>

General elections were held in Pakistan on 25 July 2018 to elect the members of the 15th National Assembly and the four Provincial Assemblies. The three major parties were Pakistan Tehreek-e-Insaf (PTI), led by Imran Khan, the Pakistan Muslim League, led by Shehbaz Sharif, and the Pakistan People's Party, led by Bilawal Bhutto. The PTI won the most seats in the National Assembly but fell short of a majority; the party subsequently formed a coalition government with several smaller parties. At the provincial level, the PTI remained the largest party in Khyber Pakhtunkhwa (KP); the Pakistan Peoples Party (PPP) retained its dominance in Sindh; and the newly formed Balochistan Awami Party (BAP) emerged as the largest party in Balochistan. In Punjab, the result was a hung parliament, with the Pakistan Muslim League (N) winning the most seats. However, after several independent MPAs joined the PTI, the latter became the largest party and was able to form a government.

Dr. Khalid Maqbool Siddiqui is a Pakistani politician who is 1st Chairman of the MQM since 2024, and had been Federal Minister for Information Technology and Telecommunication, in office from 20 August 2018 to 6 April 2020. He has been a member of the National Assembly of Pakistan since February 2024 and previously served in this position from August 2018 till August 2023 and the leader of the Muttahida Quami Movement Pakistan, since February 2018.

Bushra Bibi is the third spouse of Imran Khan, the former Prime Minister of Pakistan. She and Khan married six months before he assumed office as Prime Minister.

Sikandar Sultan Raja is a retired Pakistani civil servant who has been the Chief Election Commissioner of Pakistan since January 2020. Raja belongs to the Pakistan Administrative Service and is batchmates with Rizwan Ahmed, Hussain Asghar, Fawad Hasan Fawad and Jawad Rafique Malik.

<span class="mw-page-title-main">Faisal Vawda</span> Pakistani politician

Faisal Vawda is a Pakistani politician who was the Federal Minister for Water Resources from 5 October 2018 to 3 March 2021. He has previously been a member of the National Assembly of Pakistan from August 2018 till March 2021. He was elected as a senator after winning in the 2021 Senate Elections on a seat from Sindh and held the seat until he was disqualified for being a dual national on 9 February 2022. He was a member of Pakistan Tehreek-e-Insaf (PTI) from 2010 to 2022, when his membership was terminated by the party.

<span class="mw-page-title-main">Fawad Chaudhry</span> Pakistani politician

Fawad Ahmed Hussain Chaudhry is a Pakistani politician who served as Federal Minister for Information and Broadcasting, in office since 14 April 2021 to 10 April 2022. On 24 May 2023 announced he is taking "break" from politics.

<span class="mw-page-title-main">2024 Pakistani general election</span> Elections for the 16th National Assembly of Pakistan

General elections, originally scheduled to be held in 2023, were held in Pakistan on 8 February 2024 to elect the members of the 16th National Assembly. The Election Commission of Pakistan announced the detailed schedule on 15 December 2023.

<span class="mw-page-title-main">Premiership of Shehbaz Sharif</span> Pakistan administration from 2022-2023 and 2024-present

On 10 April 2022, Shehbaz Sharif was nominated as a candidate for Prime Minister of Pakistan by opposition parties following a vote of no confidence in incumbent prime minister Imran Khan during the 2022 Pakistani constitutional crisis. He was sworn in as Prime Minister on 11 April 2022. Sharif remained in office until 14 August 2023, when he stepped down for a caretaker government to participate in the upcoming general election. After a heavily contested election, Sharif was re-elected as Prime Minister on 4 March 2024, defeating the PTI-backed Omar Ayub Khan.

The Pakistan audio leaks controversy stems from several leaked audio conversations involving Pakistan's prime minister Shehbaz Sharif and former prime minister Imran Khan among others. The leaks began on 24 September 2022, when multiple audio files of purported conversations, allegedly recorded in the Prime Minister's Office, surfaced online. On 28 September 2022, a National Security Committee (NSC) meeting was convened to discuss matters related to national security, including the audio leaks.

The Next Islamabad local government elections or the Islamabad local bodies election, will be held in the Islamabad Capital Territory. Around one million voters will choose their representatives in the federal capital's long-delayed local government elections, according to a schedule released by the Election Commission of Pakistan.

2023 Pakistani parliamentary crisis began when 127 MNAs belonging to the Pakistan Tehreek-e-Insaf (PTI) resigned en masse from National Assembly. Finally, all by-elections have been suspended by the High Courts from the four provinces.

The Tyrian White case was filed by Mohammad Sajid in the Islamabad High Court (IHC), seeking to disqualify Imran Khan, the leader of the Pakistan Tehreek-e-Insaf (PTI), for allegedly hiding the existence of his daughter, Tyrian White, from his election documents.

The Al-Qadir Trust case is a legal case involving Imran Khan, the leader of the Pakistan Tehreek-e-Insaf (PTI) political party and a former prime minister, is a party participant in the ongoing legal dispute. The case centres on accusations of corruption and abuse of authority in relation to a settlement between the PTI administration and real estate mogul, Malik Riaz, which is said to have cost the national exchequer £190 million. The case is currently under investigation by the National Accountability Bureau.

Babar Sattar, serves as a Pakistani jurist and has held the position of Justice at the Islamabad High Court (IHC) since 30 December 2020.

<i>Iddat case</i>

The Iddat case was a legal dispute involving former Prime Minister of Pakistan, Imran Khan, and his wife, Bushra Bibi. The case revolves around allegations that the couple married during Bushra Bibi's Iddat period, which is a mandatory waiting period after a divorce in Islamic law. On 3 PM, July 13th, ADSJ Afzal Majooka Announced the verdict and Respectfully acquited Imran Khan and his wife bushra Bibi.

References

  1. ↑ "Imran's prosecution in Toshakhana, cipher cases 'without legal basis, politically motivated': UN report" . Retrieved 1 July 2024.{{cite news}}: CS1 maint: url-status (link)
  2. 1 2 3 4 5 Chaudhry, Fahad; Naseer, Tahir (21 October 2022). "Imran Khan disqualified in Toshakhana reference". DAWN.COM. Archived from the original on 8 August 2023. Retrieved 9 August 2023.
  3. ↑ News Desk (21 October 2022). "ECP Disqualifies Imran Khan In Toshakhana Reference". The Friday Times – Naya Daur. Archived from the original on 22 October 2022. Retrieved 22 October 2022.
  4. ↑ Naseer, Tahir (20 April 2022). "IHC orders implementation of PIC directive to publicise details of gifts given to ex-PM Imran". DAWN.COM. Archived from the original on 10 August 2023. Retrieved 9 August 2023.
  5. ↑ Khan, Iftikhar A. (8 September 2022). "Ex-premier Imran sold four foreign gifts, ECP told". DAWN.COM. Archived from the original on 10 August 2023. Retrieved 9 August 2023.
  6. ↑ Virk, Saqib (4 August 2022). "Reference for Imran's disqualification filed". The Express Tribune. Archived from the original on 31 August 2022. Retrieved 9 August 2023.
  7. ↑ ap. "Pakistan: Election Commission disqualifies Imran Khan in Toshakhana reference". Khaleej Times. Archived from the original on 22 October 2022. Retrieved 22 October 2022.
  8. ↑ Desk, BR Web (21 October 2022). "Toshakhana reference: ECP disqualifies PTI chief Imran Khan". Brecorder. Archived from the original on 22 October 2022. Retrieved 22 October 2022.
  9. ↑ "Imran disqualified". The Express Tribune. 21 October 2022. Archived from the original on 21 October 2022. Retrieved 22 October 2022.
  10. ↑ News Desk (21 October 2022). "ECP Disqualifies Imran Khan In Toshakhana Reference". The Friday Times – Naya Daur. Archived from the original on 22 October 2022. Retrieved 22 October 2022.
  11. ↑ Desk, BR Web (22 October 2022). "PTI challenges ECP's Imran Khan verdict in Islamabad High Court". Brecorder. Archived from the original on 22 October 2022. Retrieved 22 October 2022.
  12. ↑ Hayat, Muhammad (25 March 2023), Politik-tok: The infamous watches of Toshakhana, archived from the original on 12 June 2023, retrieved 14 June 2023
  13. ↑ "Kaptaan marches again: What next?". The Express Tribune. 28 October 2022. Archived from the original on 28 October 2022. Retrieved 27 May 2023.
  14. 1 2 3 "Toshakhana reference sent to trial court against Imran". The Express Tribune. 14 November 2022. Archived from the original on 9 August 2023. Retrieved 9 August 2023.
  15. ↑ "IHC seeks Toshakhana gifts report from cabinet". The Express Tribune. 27 December 2022. Archived from the original on 27 December 2022. Retrieved 2 January 2023.
  16. ↑ Malik, Hasnaat (6 February 2023). "PTI hires Khawaja Haris for Toshakhana case". The Express Tribune. Archived from the original on 13 August 2023. Retrieved 9 August 2023.
  17. 1 2 "IHC dismisses Toshakhana case against PTI chief". Pakistan Today . No. 4 July 2023. Archived from the original on 11 August 2023. Retrieved 11 August 2023.
  18. 1 2 "IHC dismisses Toshakhana case against PTI chief". www.tribune.com.pk. 4 July 2023. Archived from the original on 4 July 2023. Retrieved 4 July 2023.
  19. ↑ Asad, Malik. "Toshakhana reference 'maintainable', trial to begin next week". Archived from the original on 11 August 2023. Retrieved 11 August 2023.
  20. ↑ Burney, Umer (5 August 2023). "Imran Khan arrested in Lahore shortly after Islamabad court finds him guilty in Toshakhana case: PTI". DAWN. Archived from the original on 5 August 2023. Retrieved 5 August 2023.
  21. ↑ "Imran Khan: former Pakistan prime minister sentenced to three years in jai". The Guardian. 5 August 2023. Archived from the original on 10 August 2023. Retrieved 11 August 2023.
  22. ↑ "Imran Khan barred from politics for five years by Pakistan election commission". The Guardian. 8 August 2023. Archived from the original on 10 August 2023. Retrieved 11 August 2023.
  23. ↑ Hussain, Abid. "Pakistan court suspends ex-PM Imran Khan's conviction in state gifts case". www.aljazeera.com. Archived from the original on 30 August 2023. Retrieved 30 August 2023.
  24. ↑ Raza, Syed Irfan (23 December 2023). "NAB team formed for Toshakhana case". DAWN.COM. Retrieved 15 May 2024.
  25. ↑ Fraser, Simon; Davies, Caroline (30 January 2024). "Imran Khan: Pakistan former PM jailed for 10 years in state secrets case". www.bbc.com. BBC. Archived from the original on 30 January 2024. Retrieved 2 February 2024.
  26. ↑ PTI. "Pakistan court suspends Imran Khan, wife's sentences in Toshakhana case". Deccan Herald. Retrieved 15 May 2024.
  27. ↑ news.desk (13 July 2024). "Imran Khan, Bushra Bibi arrested in NAB case after acquittal in Iddat case". The Express Tribune. Retrieved 13 July 2024.
  28. ↑ "PTI founder, wife Bushra Bibi arrested by NAB in new Toshakhana case". SAMAA TV. 13 July 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.