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Toshakhana, £190mn cases: IHC seeks reply from NAB on Imran’s pleas challenging jail trial

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  • Imran Khan challenges appointment of accountability judge as well.
  • Justice Miangul Hassan Aurangzeb, Arbab Tahir hear the case.
  • Only former PM’s cases are being expedited, says Latif Khosa.

ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued a notice to the National Accountability Bureau (NAB) and secretary interior on Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s pleas challenging his jail trial in the references pertaining to Toshakhana gift and £190 million embezzlement, Geo News reported.

Declaring the pleas admissible, the IHC has sought a reply from the NAB and secretary by January 22 (Monday). The high court directed to fix the case for hearing on Monday before the available bench. 

IHC Justice Miangul Hassan Aurangzeb and Justice Arbab Tahir conducted the hearing of the petitions.

The PTI founder’s lawyer, Latif Khosa said the National Accountability Court (NAB) filed the Toshakhana case in the accountability court on November 20 and the prison trial notification was issued a month prior to the filing of the reference.

“Hearing into the Toshakhana reference has been being held daily since December 23, 2023. The relevant court’s judge has to begin the jail trial process as per the law and this court has issued an order regarding implementation of that process,” he said.

Justice Miangul Hassan asked why he challenged the notification so late as it was issued in November and he filed a plea against the notification in January.

The PTI founder’s lawyer replied they came to know about the reference after a summon was issued to his client.

Justice Miangul Miangul said they only had to ensure that the case’s process was right. It did not matter for them if the trial was held in the court or jail, he said.

Khosa said there was no suggestion from the concerned judge and he did not direct to hold prison trial for security reasons.

The IHC judge said a short order in this regard was already available. It was a judicial order that should have been seen, he added. 

Khosa asked if the federal government was positive that reference would be lodged, while it could have been dropped too.

On this occasion, Imran Khan challenged the appointment of the accountability judge as well.

Khosa said the judge was appointed on deputation and his retirement was closer. The judge was holding hearing on a daily basis to settle the trial, he said.

The lawyer said only the former prime minister’s cases were being expedited, while there was no progress on the rest of the cases.

Justice Miangul said Toshakhana was a safe of the government and the federal cabinet secretary was its keeper. The cabinet secretary had opened Toshakhana’s door for all, he said.

He said the articles kept in Toshakhana were put on sale, from 20% to 50% off. An order would be passed regarding this issue, he said adding that the gifts were state properties and they should remain with it.

The IHC judge said the politicians should better start returning the gifts to the state.

On January 9, an accountability court had indicted Imran Khan and his spouse Bushra Bibi in the Toshakhana reference filed against them by the National Accountability Bureau (NAB).

The decision was announced during a hearing in Adiala jail — where the former prime minister is currently incarcerated in the case.

A five-member special prosecution team of the anti-graft watchdog had perused the reference against the duo.

Accountability court Judge Muhammad Bashir had conducted the hearing of Toshakhana and £190 million cases in the prison. 

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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