Trial court finds ex-PM, wife guilty of misconduct; Says prosecution successfully established charges
ISLAMABAD:
A trial court on Saturday found former prime minister Imran Khan and his wife, Bushra Bibi, guilty in a corruption case stemming from violations of state gift repository — Toshakhana — rules and sentenced each to 17 years in prison.
The court also imposed a fine of Rs16.5 million on each of the convicted persons — a failure to pay this fine will result in an additional imprisonment of six-month each.
Islamabad Senior Special Judge Central Shahrukh Arjumand unveiled the 59-page judgment in a courtroom inside Rawalpindi’s Adiala Jail in the presence of Imran and Bushra, who are already detained at the prison facility.
The Federal Investigation Agency (FIA), the prosecution in the case, accused Imran of misusing his position as the prime minister to acquire a Bulgari jewelry set that the Saudi crown prince presented 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 May 18, 2021, the deputy military secretary informed the section officer of Toshakhana about the need to assess and declare 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 May 25, 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 Rs75,661,600. The necklace alone was valued at Rs56,496,000, and the earrings at Rs15,065,600.
According to Toshakhana rules, 50% of the price would amount to Rs35,765,800, but the jewelry set was undervalued, causing a loss of Rs32,851,300 to the national treasury.
The FIA claimed that Imran and Bushra misused their authority, with the PTI founder retaining 58 out of 108 gifts during his tenure as prime minister.
The charge sheet included a list of 24 prosecution witnesses, with section officer of Toshakhana (Cabinet Division), Binyamin, at the top. The trial court formally started proceedings of the case in December last year and wrapped up in one year.
In its order, the trial court noted that it was “established beyond doubt” that the accused were entrusted with the possession of the Bulgari jewelry set, which was to be dealt with in accordance with the Procedure for the Acceptance and Disposal of Gifts, 2018.
It said the accused, in active connivance with each other, did not deposit the jewelry set in Toshakhana and violated the Procedure for the Acceptance and Disposal of Gifts, 2018.
“Furthermore, it has also been established beyond doubt that subsequently the position of Mr Khan as the prime minister was used to get a substantially undervalued assessment of this jewelry set, thereby illegally obtaining pecuniary benefit and defrauding the state exchequer,” it said.
It said the gift was received by Bushra Bibi, however, wrongful acts of non-depositing the same in Toshakhana, using influence and pressure to get undervalued assessment and then retaining state gifts on a very low price were done jointly in furtherance of “common intention by the two accused”.
The verdict said Imran Khan as the prime minister of the country and a public servant in active connivance and abetment of his wife acted jointly towards these illegal acts, which constitute the offence of criminal breach of trust.
“He along with his wife, in active abetment of each other, ablated his position and powers vested in the Office of Prime Minister for obtaining personal pecuniary advantages.
“The couple was entrusted with the custody of state gifts but they dishonestly misappropriated the same in connivance with each other.
“Furthermore, they also acted together for obtaining an undervalued assessment of the state gifts and thereby retained the same by depositing only a meager amount, and thus committed criminal breach of trust.”
It said the couple was also guilty of criminal misconduct for fraudulently misappropriating the state gifts and obtaining pecuniary advantage through corrupt
“On basis of what has been discussed above, the prosecution has proved its case against two accused by producing directly relevant, reliable and cogent evidence.
“Hence, both the accused are hereby convicted for criminal breach of trust in furtherance of common intention, under sections 34, 409 PPC, as well as acting jointly towards commission of criminal misconduct under section 52) PCA 1947/109 PPC.”
On the first charge of criminal breach of trust with common intention under sections 24, 409 PRC, the court sentenced Imran to 10 years in prison. On the second charge of criminal misconduct under section 5(2) of PCA 1947, it sentenced him to seven years in prison.
On the first charge of criminal breach of trust with common intention under sections 34, 409 PPC, the court sentenced Bushra to 10-year prison term.
On the second charge of acting jointly towards commission of criminal misconduct under section 109 PPC / section 5(2) of PCA 1947, the court handed down to her a seven-year sentence.
It also ordered the convicted persons to pay a fine of Rs 16,425,650 each.
“This court, while passing sentences, has considered the old-age of Imran Ahmed Khan Niazi, as well as the fact that Bushra Imran Khan is a female.
“It is in consideration of both said factors that a lenient view has been taken in awarding lesser punishment. The benefit of section 382-B CrPC is hereby given to both convicts,” it added.
