Imran, Bushra challenge their ‘unlawful’ Toshakhana sentence
ISLAMABAD: Former prime minister Imran Khan and his spouse Bushra Bibi on Monday moved the Islamabad High Court against their conviction in the Toshakana-II case, saying the trial court verdict was unlawful, politically motivated, and based on the misreading and non-appreciation of the evidence.
In their separate criminal appeals, the couple asked the high court to set aside the impugned judgements, suspend the sentences awarded to them, and grant bail during the pendency of the appeals. The petitions also sought annulment of the fines imposed by the trial court, arguing that the convictions were the result of a flawed and biased accountability process. Advocate Khalid Yousaf Chaudhry filed the appeals in the Islamabad High Court.
A special court on December 20 sentenced the PTI founder and his wife to 17-year imprisonment in the case, which pertained to the purchase of an expensive Bulgari jewellery set, gifted to Mr Khan by the Saudi crown prince during an official visit in May 2021, at a throwaway price.
The appeals argued that the National Accountability Bureau (NAB) failed to establish the essential ingredients of the offence beyond a reasonable doubt. They maintained that the prosecution’s case rested on assumptions, disputed valuations and selective reading of the record, while ignoring documentary material produced by the defence.
The petitions contended that the trial court wrongly relied on evidence which was inadmissible and insufficient to sustain a conviction. They further argued that the burden of proof was unlawfully shifted onto the accused, in clear violation of settled principles of criminal jurisprudence and the right to a fair trial guaranteed under the Constitution.
Mr Khan’s appeal stated that Toshakhana rules and procedures were misinterpreted by the prosecution and the trial court, adding that the alleged undervaluation of gifts was a matter of administrative interpretation and could not attract criminal liability. It was further pleaded that no loss to the national exchequer was conclusively proved during the trial.
Bushra Bibi, in her separate appeal, argued that she was roped into the case merely on the basis of conjectures and association, without any independent role attributed to her. Her counsel maintained that the conviction was unsustainable as the prosecution failed to prove any act, omission or mens rea (guilty mind) on her part.
Both petitions also challenged the manner in which the trial was conducted, asserting that the proceedings were concluded in undue haste and without providing adequate opportunity to the defence to cross-examine witnesses and present evidence. The appellants maintained that the sentences awarded were harsh, excessive and disproportionate to the alleged offence.
The appeals further alleged mala fide on the part of the accountability watchdog, claiming that the reference was filed and pursued with political considerations, particularly at a time when the PTI leadership was facing multiple cases.
It may be noted that Imran Khan, imprisoned since August 2023, is serving a 14-year sentence at the Adiala jail in a £190 million corruption case and also faces pending trials under the Anti-Terrorism Act related to the protests of May 9, 2023. Bushra Bibi is also serving a seven-year sentence in £190 million corruption case.
Published in Dawn, December 30th, 2025