Trial court finds ex-Prime Minister and his wife guilty of misconduct; According to the prosecution, the charges were successfully established
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 the rules of the public gift repository – Toshakhana – and sentenced them each to 17 years in prison.
The court also imposed a fine of Rs16.5 million on each of those found guilty – non-payment of this fine will attract an additional jail term of six months each.
Islamabad Senior Special Judge Central Shahrukh Arjumand unveiled the 59-page judgment in a courtroom at Adiala Prison in Rawalpindi, in the presence of Imran and Bushra, who are already detained in the jail.
The Federal Investigation Agency (FIA), prosecuting the case, accused Imran of abusing his position as prime minister to acquire a Bulgari jewelry set that the Saudi crown prince had given as a gift during the couple’s visit to Saudi Arabia between May 7 and 10, 2021.
The set included a ring, a bracelet, a necklace and a pair of earrings.
On May 18, 2021, the Deputy Military Secretary informed the Toshakhana Section Officer of the need to assess and declare the price of the jewelry set, but it was not filed.
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 the 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 exchequer.
The FIA claimed that Imran and Bushra had abused their authority, with the PTI founder retaining 58 of 108 gifts during his tenure as prime minister.
The indictment included a list of 24 prosecution witnesses, with Toshakhana Section Officer (Cabinet Division) Binyamin at the top. The lower court officially opened the proceedings in December last year and completed them within a year.
In its order, the trial court noted that it was “established beyond doubt” that the accused were entrusted with possession of the Bulgari jewelry set, which was to be dealt with in accordance with the Procedure for Acceptance and Disposal of Gifts, 2018.
He said the accused, in active connivance with each other, did not deposit the jewelry set at 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 then used to obtain a significantly undervalued valuation of this set of jewellery, thereby unlawfully obtaining a pecuniary advantage and defrauding the public exchequer,” he added.
He said the gift was received by Bushra Bibi, but unlawful acts of not depositing it at Toshakhana, using influence and pressure to obtain an undervalued valuation and then keeping the state gifts at a very low price were jointly committed as part of the “common intention of both accused”.
The verdict states that Imran Khan, as the Prime Minister of the country and a public servant, in connivance and active encouragement with his wife, acted jointly with regard to these illegal acts, which constitute an offense of criminal breach of trust.
“He and his wife, by actively complementing each other, abolished his position and the powers vested in the Prime Minister’s Office to obtain personal pecuniary benefits.
“The couple were entrusted with the custody of state gifts, but they misappropriated them dishonestly, in collusion with each other.
“Furthermore, they also acted together to obtain an undervalued valuation of state gifts and thereby retained these by depositing only a meager sum, and thereby committed a criminal breach of trust.”
The couple was also guilty of criminal misconduct for fraudulent misappropriation of state gifts and obtaining a pecuniary advantage through corruption.
“Based on what has been discussed above, the prosecution has proven its case against two accused by producing directly relevant, reliable and convincing evidence.
“Therefore, both defendants are hereby found guilty of criminal breach of trust in furtherance of a common intention, under sections 34 and 409 PPC, as well as acting jointly with a view to committing criminal misconduct under section 52) PCA 1947/109 PPC.”
Regarding the first charge of criminal breach of trust with common intention under Articles 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, he sentenced him to seven years in prison.
On the first charge of criminal breach of trust with common intention under sections 34 and 409 of the PPC, the court sentenced Bushra to 10 years in prison.
Regarding the second charge of joint action to commit criminal misconduct under section 109 PPC / section 5(2) of the PCA 1947, the court imposed a sentence of seven years on him.
She also ordered the convicts to pay a fine of Rs 16,425,650 each.
“This court, in passing sentences, has taken into account the great age of Imran Ahmed Khan Niazi, as well as the fact that Bushra Imran Khan is a woman.
“It is keeping in view these two factors that a lenient attitude has been adopted in awarding lesser punishment. The benefit of Section 382-B CrPC is hereby extended to both the convicts,” it added.
