Toshakhana case: Court issues notice to Imran Khan on ECP plea for criminal proceedings

ISLAMABAD: A court in Islamabad on Thursday issued a notice to former prime minister Imran Khan on a petition filed by the Election Commission of Pakistan (ECP) seeking criminal proceedings against him in the Toshakhana case.

District and Sessions Judge Zafar Iqbal heard the case filed by the district election commissioner last month following the ECP’s verdict which declared that the ex-premier was guilty of corrupt practices, Geo News reported.

The court had reserved its decision on the maintainability of the plea earlier this week. The trial will commence on January 09.

On November 22, the trial court took up the Toshakhana Reference filed by the Election Commission against Khan for allegedly indulging in corrupt practices, which the former premier denies.

On the last hearing, ECP’s lawyer Saad Hassan appeared before the court and presented his arguments. “Imran Khan said that he constructed a road with the money [acquired from] Toshakhana [gifts],” he said, adding that a prime minister has to deposit any gift he receives to the Toshakhana.

He further stated that the Toshakhana gifts could be retained after paying 20% of the gift’s price until the PTI government introduced a new law, which allowed taking the Toshakhana gifts after paying 50% of its price. “The price of the watch was estimated at Rs85 million,” he said, adding that Khan failed to state the amount for which he sold the Toshakhana watch. Hassan stated if any Toshakhana items were transferred, then it was mandatory to mention them in the tax income statements.

“It is not possible to personally own an item from the Toshakhana without declaring it,” said the lawyer. He said the Election Commission “believes the income tax statements provided by the former premier in 2022-2021 are incorrect”, adding that the Toshakhana matter was brought to the National Assembly and the case was taken to the high court in 2020-2021. Lawyer Hassan said that Khan’s way of dealing with the Toshakhana gifts was tantamount to money laundering.

“Imran Khan said that he has deposited the amount [he paid for] for all the items in the same bank account,” said the ECP lawyer, adding the properties or gifts taken by Khan during 2018-2019 would be counted among his assets.

Khan should’ve disclosed all of his assets before the Election Commission, said Hassan. “Ex-premier also took jewellery from the Toshakhana but did not declare it.” The lawyer said that the former prime minister also talked about four goats and Rs500,000 in the statements.

The lawyer maintained that the former premier and his wife took a total of 58 gifts from the Toshakhana during three years, which were worth Rs142 million, at an amount equal to 20 percent of the gifts’ cost. He said that Khan acquired the gifts from Toshakhana worth Rs107 million out of the said Rs142 million during 2018-19.

The lawyer further stated that Khan didn’t want to make the gifts worth Rs142 million public. “In 2019/20 Khan declared Rs8 million on account of tax returns but didn’t reveal which item’s price it was,” the lawyer stated.