Toshakhana reference case

The Toshakhana reference case was a landmark decision by the Election Commission of Pakistan (ECP) that disqualified Imran Khan, former prime minister of Pakistan, from holding public office for five years.

Imran Khan Toshakhana case
CourtElection Commission of Pakistan (ECP)
Decided21 October 2022
Ruling
Imran Khan disqualified from holding office as Member of National Assembly. Election Commission of Pakistan ordered to initiate legal proceedings against the Imran Khan.
Court membership
Judge(s) sittingSikandar Sultan Raja
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Imran Khan's signature

The case was filed in August 2022 by members of the Pakistan Democratic Movement for Khan's failure to report the details of Toshakhana gifts in declarations of annual assets submitted to the Election Commission of Pakistan. The ECP initiated the inquiry and announced its final verdict on 21 October 2022, in which Khan was disqualified from holding public for offences involving dishonest behaviour, fabricated information, and inaccurate declarations in the reference under Article 63(1)(p). It also ordered the reference to be sent to the trial court for the commencement of criminal proceedings. Khan challenged this verdict, which came despite him not submitting any nomination papers for an election, arguing that he obtained the gifts legally from the Toshakhana and used the proceeds from their sale for public investment and development works.

Background

The Toshakhana is a department attached to the Cabinet Division's administrative supervision. Established in 1974, it keeps gifts offered to rulers, lawmakers, bureaucrats, military personnel and other officials by the heads of other states, governments, and international dignitaries. The Toshakhana's rules states that the people to whom the rules apply must report gifts or presents to the Cabinet Division.[1]

Case

The Toshakhana reference case was filed in August 2022 by Mohsin Shahnawaz Ranjha and other politicians from the coalition government,[2] alleging former prime minister Imran Khan's failure[1] to disclose information about the gifts from various heads of state deposited in the Toshakhana and to report the sales revenue he earned by selling them directly on the market. Lawmakers from the governing alliance, the Pakistan Democratic Movement, gave the reference to Raja Pervaiz Ashraf, the speaker of the National Assembly; Ashraf then passed the reference to Chief Election Commissioner Sikandar Sultan Raja for further action.[1]

Toshakhana, PIC and Islamabad High Court

In 2021, Rana Abrar Khalid, an Islamabad-based journalist, submitted an application to the Pakistan Information Commission (PIC) under the Right to Information Law for the release of details about the gifts Khan had received. The Commission approved the request and ordered the Cabinet Division to provide him with information about the presents Khan had obtained from different heads of state.[1]

The Cabinet Division challenged the PIC's disclosure order in the Islamabad High Court (IHC), stating that it was unlawful to share the details of the Toshakhana gifts, since the Cabinet Division believed it would jeopardise international ties.[1] In April 2022, after many court hearings, the IHC instructed Arshad Kayani, the deputy attorney general, to ensure compliance with the PIC's order regarding disclosure of the details of the gifts Khan had received since he took office.[3]

ECP findings

In his reply to the ECP on 8 September 2022, Khan admitted to selling four gifts he had received from different heads of state while prime minister. He claimed that the gifts he purchased from the Toshakhana for Rs21.56 million brought in roughly Rs58 million at sale. A Graff watch and some cufflinks, a ring and an expensive pen were included in one of the gifts, while four Rolex watches were included in the other three.[4]

In the case, lawmakers from the ruling coalition presented evidence to support their allegations against the former prime minister and demanded his disqualification in accordance with article 63 of the Pakistani Constitution, sections 2 and 3, in conjunction with Article 62(1)(f).[5]

Verdict

In light of its findings, Khan's admission and the petitioner's evidence, the Election Commission saved the decision against the Toshakhana reference on 2 October 2022.[6] On 21 October 2022, the ECP announced its saved decision applying to the present term of the National Assembly and disqualified Khan for allegedly engaging in unethical behaviour, making false assertions, and making erroneous declarations in the reference under Article 63(1)(p).[7][8] It also ordered the reference to be sent to the trial court to initiate criminal proceedings.[9]

Aftermath

Khan challenged the verdict in the Islamabad High Court on 22 October 2022, arguing that he obtained the gifts legally from the Toshakhana and had used the revenue from the sale to repair a road leading to his house, which he said also benefited his neighbours.[10] He also noted that previous leaders such as Sharif, Gillani, and Zardari had purchased expensive gifts from the Toshakhana (including vehicles, the purchase of which is not allowed) for ludicrously low prices: on occasions, less than 20% of the assessed price, with some gifts even being bought for between 5% and 7% of the assessed price. In contrast, while prime minister, Khan himself had raised the retention rate to 50% of the assessed value – the same rate at which he then purchased the gifts.[11] Khan then announced the 2022 Azadi March II to protest the verdict.[12]

Trial in sessions court

In keeping with the verdict, on 21 November 2022, the Election Commission sent the trial court a reference regarding the Toshakhana for the commencement of criminal proceedings against Khan. In accordance with Sections 137, 170, and 167 of the Election Act, the district and sessions judge received the reference.[13] The written decision stated that Khan had "intentionally and deliberately" broken the laws outlined in sections 137, 167, and 173 of the Elections Act of 2017 by providing a "false statement" and "incorrect declaration" to the ECP in the details of his assets and liabilities filed by him for the financial year 2020–21.[13]

The ECP alleged Khan engaged in "corrupt acts," as described in Sections 167 and 173 of the Elections Act of 2017, which is criminal under Section 174 of the same law, by making false statements and erroneous declarations. In accordance with Section 190(2) of the Elections Act, the Commission had ordered criminal charges be brought against Khan for making a false declaration.[13]

On 27 December 2022, the Islamabad High Court instructed the Cabinet Division to report the specifics of gifts obtained from Toshakhana since 1947.[14] Khawaja Haris was hired by Khan's party, the Pakistan Tehreek-e-Insaf, as its lawyer for the Toshakhana case.[15]

On 30 March 2023, the trial against Khan was delayed to 29 April, because of Eid al-Fitr and Ramadan. On 4 April 2023 the election supervisor requested an earlier hearing, the court subsequently decided on 8 April to hear the ECP's request on 11 April. On 10 May 2023, Khan was indicted by Additional Sessions Judge Humayun Dilawar, who did not agree to objections on the case's sensibility.[16]

The IHC temporarily stopped criminal proceedings until 8 June 2023. The hearings resumed in June, in which Chief Justice Aamer Farooq saved his verdict on 23 June 2023, due to Eid al-Adha.[16] On 4 July 2023, the IHC, Chief Justice Aamer Farooq presiding,[17] asked Judge Dilawar to reevaluate Khan's application to dismiss the criminal proceedings in seven days.[17] Judge Dilawar decided on 9 July 2023 that the reference was maintainable and continued with the stalled proceedings.[18]

On 5 August 2023, the Islamabad trial court declared Imran Khan guilty of "corrupt practices" under Section 174 of the Election Act in the Toshakhana case and sentenced him to three years in prison along with a fine of Rs. 100,000.[19] Khan was taken into custody and jailed the same day,[20] while his legal team filed an appeal against the conviction on 8 August.[21]

On 29 August, a two-member bench of the IHC suspended Khan's conviction and three-year prison sentence. The bench also ordered his release on bail.[22]

References
  1. Chaudhry, Fahad; Naseer, Tahir (21 October 2022). "Imran Khan disqualified in Toshakhana reference". DAWN.COM. Retrieved 9 August 2023.
  2. News Desk (21 October 2022). "ECP Disqualifies Imran Khan In Toshakhana Reference". The Friday Times – Naya Daur. Retrieved 22 October 2022.
  3. Naseer, Tahir (20 April 2022). "IHC orders implementation of PIC directive to publicise details of gifts given to ex-PM Imran". DAWN.COM. Retrieved 9 August 2023.
  4. Khan, Iftikhar A. (8 September 2022). "Ex-premier Imran sold four foreign gifts, ECP told". DAWN.COM. Retrieved 9 August 2023.
  5. Virk, Saqib (4 August 2022). "Reference for Imran's disqualification filed". The Express Tribune. Retrieved 9 August 2023.
  6. ap. "Pakistan: Election Commission disqualifies Imran Khan in Toshakhana reference". Khaleej Times. Retrieved 22 October 2022.
  7. Desk, BR Web (21 October 2022). "Toshakhana reference: ECP disqualifies PTI chief Imran Khan". Brecorder. Retrieved 22 October 2022.
  8. "Imran disqualified". The Express Tribune. 21 October 2022. Retrieved 22 October 2022.
  9. News Desk (21 October 2022). "ECP Disqualifies Imran Khan In Toshakhana Reference". The Friday Times – Naya Daur. Retrieved 22 October 2022.
  10. Desk, BR Web (22 October 2022). "PTI challenges ECP's Imran Khan verdict in Islamabad High Court". Brecorder. Retrieved 22 October 2022.
  11. Hayat, Muhammad (25 March 2023), Politik-tok: The infamous watches of Toshakhana
  12. "Kaptaan marches again: What next?". The Express Tribune. 28 October 2022.
  13. "Toshakhana reference sent to trial court against Imran". The Express Tribune. 14 November 2022. Retrieved 9 August 2023.
  14. "IHC seeks Toshakhana gifts report from cabinet". The Express Tribune. 27 December 2022. Retrieved 2 January 2023.
  15. Malik, Hasnaat (6 February 2023). "PTI hires Khawaja Haris for Toshakhana case". The Express Tribune. Retrieved 9 August 2023.
  16. "IHC dismisses Toshakhana case against PTI chief". Pakistan Today. No. 4 July 2023. Retrieved 11 August 2023.
  17. "IHC dismisses Toshakhana case against PTI chief". www.tribune.com.pk. 4 July 2023.
  18. Asad, Malik. "Toshakhana reference 'maintainable', trial to begin next week". Retrieved 11 August 2023.
  19. Burney, Umer (5 August 2023). "Imran Khan arrested in Lahore shortly after Islamabad court finds him guilty in Toshakhana case: PTI". DAWN.
  20. "Imran Khan: former Pakistan prime minister sentenced to three years in jai". The Guardian. 5 August 2023. Retrieved 11 August 2023.
  21. "Imran Khan barred from politics for five years by Pakistan election commission". The Guardian. 8 August 2023. Retrieved 11 August 2023.
  22. Hussain, Abid. "Pakistan court suspends ex-PM Imran Khan's conviction in state gifts case". www.aljazeera.com. Retrieved 30 August 2023.
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