Court finds former prime minister, wife guilty of misconduct; Says the prosecutor’s office has established charges
ISLAMABAD:
A trial on Saturday found former prime minister Imran Khan and his wife, Bushra Bibi, guilty in a corruption case stemming from violations of the state gift store – Toshakhana – rules and sentenced them to 17 years in prison.
The court also imposed a fine of Rs 16.5 million on each of the convicted persons – failure to pay this fine will result in an additional imprisonment of six months each.
Islamabad Senior Special Judge Central Shahrukh Arjumand revealed the 59-page judgment in a courtroom inside Rawalpindi’s Adiala Jail in the presence of Imran and Bushra, who are already detained in the jail facility.
The Federal Investigation Agency (FIA), the prosecuting agency in the case, accused Imran of abusing his position as prime minister to acquire a Bulgari jewelry set presented by the Saudi crown prince as a gift during the couple’s visit to Saudi Arabia between May 7 and May 10, 2021.
The set included a ring, bracelet, necklace and a pair of earrings.
On 18 May 2021, the Deputy Military Secretary informed Toshakhana’s Section Officer of the need to assess and disclose the price of the jewelry set, but it was not deposited.
Bulgari sold the necklace for 300,000 euros and the earrings for 80,000 euros to a Saudi franchise on 25 May 2018. However, the price of the bracelet and ring could not be determined.
As of May 28, 2021, the total estimated value of the Bulgari jewelry set was approximately Rs 75,661,600. The necklace alone was valued at Rs 56,496,000 and the earrings at Rs 15,065,600.
According to the Toshakhana rules, 50% of the price would amount to Rs.35,765,800, but the jewelery set was undervalued, resulting in a loss of Rs.32,851,300. for the treasury.
The FIA alleged that Imran and Bushra abused their authority, with the PTI founder retaining 58 out of 108 gifts during his tenure as prime minister.
The indictment included a list of 24 prosecution witnesses, with Toshakhana (cabinet department) section officer Benjamin at the top. The High Court formally started hearing the case last December and finished in a year.
In its ruling, the High Court noted that it was “established beyond reasonable doubt” that the accused were entrusted with the possession of the Bulgari jewelery set, which had to be dealt with in accordance with the Procedure for the Acceptance and Disposal of Gifts, 2018.
It said the accused, in active collusion with each other, did not deposit the jewelery in the Toshakhana and violated the Procedure for Acceptance and Disposal of Gifts, 2018.
“Furthermore, it has also been established beyond doubt that Mr Khan’s position as Prime Minister was subsequently used to obtain a materially undervalued valuation of this jewelery set, thereby illegally obtaining financial advantage and defrauding the exchequer,” it said.
It said that the gift was received by Bushra Bibi but wrongful acts of not depositing the same in Toshakhana, using influence and pressure to get undervalued assessment and then withholding government gifts at a very low price were done jointly to promote “common intention of the two accused”.
The judgment said that Imran Khan as the Prime Minister of the country and a public servant in active abeyance and support of his wife acted in concert in these unlawful acts which amount to the offense of criminal breach of trust.
“He together with his wife, in active support of each other, abrogated his position and powers vested in the office of Prime Minister for personal financial gain.
“The couple was entrusted with the custody of state gifts, but they dishonestly appropriated the same in collusion with each other.
“Furthermore, they also acted together to obtain an undervalued assessment of the state gifts and thereby kept the same by only depositing a small amount and thus committed a criminal breach of trust.”
It said the pair were also guilty of criminal mischief for fraudulently misappropriating government grants and obtaining financial advantage through corrupt
“Based on what has been discussed above, the prosecution has proved its case against two defendants by presenting directly relevant, reliable and convincing evidence.
“Therefore, both the defendants are hereby convicted of criminal breach of trust in furtherance of common intent, under section 34, 409 PPC, as well as acting in concert to commit criminal misconduct under section 52) PCA 1947/109 PPC.”
On the first charge of criminal breach of trust with common intent under Section 24, 409 PRC, the court sentenced Imran to 10 years in prison. On the second charge of criminal misconduct under section 5(2) of the PCA 1947, it sentenced him to seven years’ imprisonment.
On the first charge of criminal breach of trust with common intent under section 34, 409 PPC, the court sentenced Bushra to 10 years in prison.
On the second charge of acting in concert to commit a criminal offense under section 109 PPC / section 5(2) of the PCA 1947, the court sentenced her to seven years.
It also ordered the convicted persons to pay a fine of Rs 16,425,650 each.
“This court while passing judgments has considered the old age of Imran Ahmed Khan Niazi as well as the fact that Bushra Imran Khan is a woman.
“It is taking into account both the factors mentioned that a lenient view has been taken to award lesser punishment. The benefit of Section 382-B CrPC is hereby given to both the convicts,” it added.
