TOSHAKHANA CASE.
ISLAMABAD - The Islamabad High Court (IHC) will Thursday (tomorrow) resume hearing in the petitions of Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan and his spouse Bushra Bibi against the NAB notices in connection with the inquiry of Toshakhana case.
A division bench of IHC comprising Chief Justice Aamer Farooq and Justice Babar Sattar will conduct hearing of the petitions moved by Khan and Bushra Bibi against the NAB notices in alleged corrupt practices of retaining state gifts.
Previously, National Accountability Bureau (NAB) Deputy Prosecutor General Sardar Muzaffar Abbasi informed the bench that Khan is not cooperating with the inquiry of Toshakhana case. He added that Imran Khan has been sent a questionnaire and details of gifts he received from foreign dignitaries during his term as the prime minister but he is deliberately avoiding the investigation.
The NAB prosecutor told the court that it had issued notices related to Toshakhana gifts to all former cabinet members and not just Imran Khan. Abbasi said that the PTI chief was not cooperating with the NAB investigators.
IHC Chief Justice observed that if the notices had been served in accordance with the rules, this situation could have been avoided. He emphasized the need for NAB to follow the law and rules when issuing notices, stating that accused individuals have the right to defend themselves.
Justice Aamer asked the NAB to send a new notice to the Imran and his wife after fulfilling all the rules. He questioned if the NAB had any evidence or the case was solely based on newspaper reports.
Imran Khan and his spouse moved the court through their counsel Khawaja Haris Advocate and Barrister Gohar Ali, challenging the legality and vires of NAB call-up notice upon them in Toshakhana Inquiry case.
In the petition, they challenged the NAB case initiated against them for retaining and ‘illegally’ selling the Toshakhana gifts. The NAB issued notices to Khan and Bushra for retaining state gifts. The anti-corruption watchdog sought details from them including of wristwatches and a mobile phone, presented to Khan by various foreign dignitaries. The bureau also sought details of jewellery sets presented to Bushra Bibi, including a Rolex watch, a gold and diamond locket presented by Emir of Qatar, two necklace sets gifted by the Saudi crown prince on September 18, 2020, and May 21, 2021, respectively.
In the identical petitions, the petitioners prayed to the court that NAB had issued the notice in violation of Section 19 of the National Accountability Ordinance.
“The contents of the call-up notice unambiguously establish that the respondents [NAB] have, through their impugned notice, initiated a fishing exercise, rather than complying with the provision of law before issuing the same,” the petitions said. It requested the court to declare the NAB notice illegal.