Imran Khan's lawyer urges IHC to stop trial court from ruling on new Toshakhana case

ISLAMABAD (Dunya News) – Former premier Imran Khan's lawyer, Salman Safdar on Tuesday requested the Islamabad High Court (IHC) to prevent the trial court from announcing a verdict in the new Toshakhana case.

Justice Raja Inam Amin Minhas of the IHC heard the petitions for acquittal filed by PTI founder Khan and his wife, Bushra Bibi, in the case.

Taking the rostrum, Safdar referenced witness Inaamullah Shah, pointing out that the same witnesses were involved in earlier Toshakhana cases. He said Bushra Bibi was acquitted in the Iddat case and allowed to return home, but was re-arrested at Adiala Jail's Gate No. 5 right after her release.

He further argued that during the initial investigation, all gifts were gathered but the Bulgari set was set aside for later review. "There is hardly any agency in Islamabad that hasn’t investigated the Toshakhana case — first the Election Commission, then NAB, followed by FIA, and now even Kohsar Police Station is involved. After seeking relief here, I must appear before Additional Sessions Judge Muhammad Afzal Majoka," he added.

Highlighting the issue of double jeopardy, Safdar said, “All these investigations revolve around one central point — NAB. NAB began the probe, then FIA took over. Under the law, a person cannot be punished multiple times for the same offence.”

Read more: New Tshakhana case against Imran Khan, wife Bushra set for hearing tomorrow 

He urged the court to stop the trial judge from issuing a final verdict in the Toshakhana-II case. Justice Raja Inam Amin Minhas responded that the court would review the matter.

Safdar noted there are 35 witnesses in total, out of which 19 have recorded their statements, and now the questionnaire for the accused has been received, with responses due the next day — and possibly sentencing the day after.

"If a stay is not granted, then my arguments serve no purpose," said Safdar. "On the day the charges were framed, a second charge sheet was already in front of the court. I seek permission to compare both charge sheets."

Justice Minhas asked, “But isn’t there also an element of abuse of authority in this?”

Referring to a previous bail decision by Justice Miangul Hassan Aurangzeb, Safdar read out two paragraphs and said that both accused were granted bail in this case by the same judge. “I have five layers of legal protection,” he added.

The judge replied, “That was a bail matter — you can keep reading judgments. But this may involve a violation of rules. Is there no statutory safeguard here?”

Safdar responded, “If someone hides the fact that they received a gift, a case can be made. But if someone openly declares it, then where is the case?”

When asked to clarify the charges, Safdar said his clients are accused of receiving luxury gifts, including a Graff jewelry set.

Witnesses Sohaib Abbasi and Inaam Shah are also listed as accused in the case. In the Toshakhana-I case, sentencing was handed down on 31 January 2024, simultaneously with the Cypher case. “The judge who sentenced them didn’t even allow for recording of statement under Section 342,” he claimed.

He added that two separate Toshakhana cases were initiated — the second now nearing conclusion. "Our acquittal plea was filed last year. After sentencing in Toshakhana-I, the High Court’s division bench suspended the punishment. In Toshakhana-II, Inaamullah Shah and Sohaib Abbasi are both witnesses and accused."

The probe began on 1 August 2022, with formal inquiry approval granted on 5 August 2022.

Justice Raja Inam Amin Minhas directed Khan’s lawyer to submit references to all relevant court decisions regarding the case and adjourned the hearing. The next hearing date will be announced later.