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Imran Khan arrested after found guilty in Toshakhana case

TBP Online
05 Aug 2023 14:38:58 | Update: 05 Aug 2023 17:40:55
Imran Khan arrested after found guilty in Toshakhana case
Former Pakistan's prime minister Imran Khan — AFP File Photo

Pakistan Tehreek-e-Insaf (PTI) Chairman and former prime minister Imran Khan, shortly after an Islamabad trial court declared him guilty of corrupt practices in the Toshakhana case, was arrested by Punjab police on Saturday afternoon from his Zaman Park residence in Lahore.

PTI’s Punjab Chapter confirmed the reports with a tweet: “Imran Khan is being moved to Kot Lakhpat Jail.”

The PTI chairman’s arrest comes roughly three months after his first arrest on May 9 when he was detained in Islamabad from the high court’s premises in the Al-Qadir Trust case, reports Dawn.

The court sentenced Imran — who was absent from court — to three years in prison and imposed a fine of Rs100,000 on him for concealing details of Toshakhana gifts. His lawyers were also not present.

Additional District and Sessions Judge (ADSJ) Humayun Dilawar ruled that charges against the former prime minister in the case were proven.

“Imran Khan deliberately submitted fake details [of Toshakhana gifts] to the ECP and is found guilty of corrupt practices,” he stated and sent the PTI chief to jail for three years under Section 174 of the Election Act.

ADSJ Dilawar also directed that a copy of the order should be sent to the Islamabad police chief for the execution of the court orders.

During the hearing — which commenced at 8:30am — the judge repeatedly expressed displeasure over the absence of Imran’s lawyers. He, however, gave multiple chances to the defence counsel to appear in court.

Finally, at 12:30pm, ASDJ Dilawar announced the verdict.

Ahead of today’s proceedings, a large contingent of police was deployed outside the court premises with only lawyers allowed inside the courtroom.

Toshakhana case

The case, filed by ruling party lawmakers, is based on a criminal complaint filed by the ECP.

The case alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.

According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

Imran has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.

On October 21, 2022, the ECP concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.

The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.

Subsequently, the ECP had approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.

On May 10, Imran was indicted in the case. However, on July 4, the Islamabad High Court (IHC) had stayed the proceeding and directed ADSJ Dilawar to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the Toshakhana reference.

The questions had included whether the complaint was filed on behalf of the ECP by a duly authorised person, whether the ECP’s decision of Oct 21, 2022, was a valid authorisation to any officer of ECP to file a complaint, and whether the question of authorisation was a question of fact and evidence and could be ratified subsequently during the course of proceedings.

Finally, on July 9, ADSJ Dilawar while ruling that the reference was maintainable, revi­ved the stalled proceedings and summoned the witne­sses for testimony.

A session court had last month declared that the ECP reference against the PTI chief was maintainable. The decision was subsequently challenged in the IHC.

A day earlier, the IHC gave a short breather to Imran, asking the judge to re-examine the jurisdiction and any procedure lapse in the filing of the complaint by the ECP.

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