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International

Imran Khan Arrested: Pakistan’s Tosha-Khana Case Leads to Three Years Prison

by Press Xpress August 5, 2023
written by Press Xpress August 5, 2023
Former PM Imran Khan arrested
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The sold gift items comprised a Graff watch, cufflinks, a ring, and a luxury pen. Additionally, there were four Rolex watches included in three other gifts that were sold.

Ex-Pakistani Prime Minister Imran Khan was apprehended by authorities in Lahore on a Saturday, following a court ruling that sentenced him to a three-year imprisonment for the unlawful sale of state gifts. This verdict could potentially disqualify the opposition leader from participating in forthcoming elections.

Imran Khan, has been sentenced to three years in prison in a contempt of court case related to his alleged involvement in corruption. The court’s verdict mentioned that the allegation regarding malpractice of corruption against Imran Khan has been proven.

The arrest of Imran Khan was verified by Lahore police chief Bilal Siddique Kamiana, who said that the politician is currently being moved to the capital, Islamabad. As per the arrest warrant, he will subsequently be held in the Central Adiala Jail, located on the outskirts of Islamabad in Rawalpindi.

Reaction after arrest

Following the arrest, the Pakistan Tehreek-e-Insaf (PTI), Khan’s political party, issued a statement indicating that they had already lodged an appeal in the Supreme Court prior to Saturday. Imran Khan, aged 70, a renowned former cricket star turned politician, held the office of prime minister from 2018 to 2022. Despite the charges, he vehemently denied any wrongdoing and, in a pre-recorded video address released by his party, urged his supporters to demonstrate their grievances through peaceful protests.

Tosha-Khana

Tosha-khana is an Urdu term for treasury. In Pakistan, established in Tosha- Khana is a type of National Treasury under the Cabinet Division of the Pakistan Government.  According to Pakistan’s June 1978 gazette notification regarding Tosha-Khana, every gift received by a person during any legislator’s official visit should be deposited in the Tosha-Khana within 30 business days of his return. If a person has to attain such gifts, that person has to pay the cost of the gifts (only if the amount accedes more than 5000 rupees). In 2022, all the official legislators received gifts were auctioned at the end of the year and the money was deposited to the government’s fund.

Imran Khan’s Tosha-Khana Case

The coalition started back in August 2022 as Pakistan Muslim League Nawaz filed a case against Imran Khan. The allegation claims that Imran did not disclose information about the gifts presented to Tosha-Khana. When Imran came into power in 2018, he did not disclose or mentioned gifts like a Graff watch, cufflinks, a ring, and an expensive pen which were also sold by him later on.

On October 2, 2022, the Election Commission of Pakistan (ECP) deferred its verdict on the Tosha-Khana matter, citing the need to review the evidence presented by the petitioner. However, on October 21, 2022, the ECP announced its final decision regarding the Tosha-Khana reference, specifically concerning the current term of the National Assembly of Pakistan.

In its ruling, the ECP declared former Prime Minister Imran Khan as “disqualified” for a period of five years under Article 63(1) (p) of the Constitution of Pakistan. The disqualification was based on allegations of immoral conduct, false claims, and false declarations attributed to him. Additionally, the ECP ordered the reference to be forwarded to the trial court to initiate criminal proceedings against Imran Khan for his involvement in the Tosha-Khana issue.

Details of the case

In 2021, journalist Rana Abrar Khalid, based in Islamabad, filed an application with the Pakistan Information Commission (PIC) under the Right to Information Law. The application sought details about the gifts received by former Prime Minister Imran Khan from various heads of state. The PIC approved the request and directed the Cabinet Division to provide the required information to the journalist within 10 working days or less. The Cabinet Division also assured that the information would be posted on the official website.

However, the Cabinet Division later contested the PIC’s ruling, arguing that sharing the details of Tosha-khana gifts with anyone was unlawful. They challenged the PIC’s decision in the Islamabad High Court (IHC). After several court hearings, in April 2022, the IHC instructed the deputy attorney general, Arshad Kayani, to ensure that the PIC’s directive to disclose the specifics of presents given to former Prime Minister Imran Khan by heads of state during his tenure from August 2018 was implemented.

On September 8, 2022, Imran Khan submitted documents to the Election Commission of Pakistan (ECP) where he admitted to selling four gifts he had received from different heads of state during his tenure as the prime minister. He claimed that these gifts were purchased from the Tosha-Khana for Rs. 21.56 million and were sold for approximately Rs. 58 million. The gifts included a Graff watch, cufflinks, a ring, and an expensive pen in one of them, and four Rolex watches in the other three gifts.

In the Tosha-Khana reference case, lawmakers from the ruling coalition of Pakistan (Pakistan Democratic Movement – PDM) presented documentary evidence to support their allegations against former Prime Minister Imran Khan. They demanded his disqualification following Article 63 of the Pakistani Constitution, sections 2 and 3, along with Article 62(1) (f). The evidence aimed to establish whether Imran Khan met the criteria for qualification as a public representative and if he was honest and trustworthy as per the mentioned constitutional provisions.

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