The Islamabad High Court (IHC) on Wednesday accepted the post-arrest bail petition of Bushra Bibi, the wife of former prime minister Imran Khan, in the Toshakhana case involving the alleged illegal sale of state gifts.
Accepting the plea, Justice Miangul Hassan Aurangzeb directed the former first lady to submit surety bonds of Rs. 1 million and ordered her release if she is not wanted in any other case.
Bushra had approached the IHC on Oct. 3 to secure bail in a case pertaining to the jewelry set retained by Khan from the Toshakhana. The petition had argued the petitioner was a housewife, and all allegations against her were baseless. It alleged the investigations were not conducted transparently, adding the case was a mere pretext to keep her in jail.
The ‘Toshakhana 2’ case refers to National Accountability Bureau (NAB) reference against both Khan and Bibi. It alleges the duo illegally retained a jewelry set gifted to Bushra by the Saudi crown prince during Khan’s tenure in the Prime Minister’s Office.
Arguing against the bail, the Federal Investigation Agency (FIA)’s prosecutor Umair Majeed said the jewelry set never left the possession of the couple and its market price could not be determined as it was not physically with the Toshakhana. He argued the state had no opportunity to determine its correct rate, adding all state gifts remain the property of the state until they have been legally purchased per the rules. “A state gift cannot be kept by a person without being bought first,” he maintained.
During the hearing, Justice Aurangzeb questioned how the case would proceed if the jewelry set were returned to the state. To this, the FIA lawyer said this was a lacuna, as NAB law only allowed for a plea bargain. The judge observed that an accurate estimate of the price of a Toshakhana gift could only be assessed via auction. He also questioned why Khan was implicated in the case if his wife had retained the gift. The FIA lawyer responded that as a public officeholder, Khan was responsible for any gifts given due to his position.
“This is a similar case to that of the Chief Justice of Pakistan Qazi Faez Isa,” remarked the judge, with the prosecutor arguing it was “slightly” different.
After the completion of the FIA’s arguments, the court granted bail to the former first lady. It is likely she is freed today, as there is no other evident case in which she is wanted or under arrest. The PTI has already announced that her surety bonds have been submitted.