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.

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 ECP. The ECP initiated the inquiry and announced its final verdict on 21 October 2022, ruling that Khan had made false statements and inaccurate declarations regarding his assets and liabilities for the year 2020-21 in the reference under Article 63(1)(p) of the Constitution. This disqualified Khan from public office for five years. 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. International observers such as United Nations dubbed detention and prosecution in the Toshakhana case as politically motivated and without legal basis with the motives to exclude him from competing in the political arena.

Background
The Toshakhana is a department attached to the Cabinet Division's administrative supervision. Certain public officials (including the Prime Minister) are required to declare to the Toshakhana any gifts received by them in an official capacity e.g. from foreign dignitaries.

Imran Khan was Prime Minister of Pakistan from 18 August 2018 to 4 April 2022.

Case
The Toshakhana reference case was filed in August 2022 by Mohsin Shahnawaz Ranjha and other politicians from the coalition government, alleging former prime minister Imran Khan's failure 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.

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.

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. 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.

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 the gifts which he purchased from the Toshakhana for 21.56 million rupees, later brought in roughly 58 million rupees at a sale. A Graff watch, some cufflinks, a ring, and an expensive pen were included in one of the gifts, while four Rolex watches were in the other three.

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).

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. On 21 October 2022, the ECP announced its saved decision applying to the present term of the National Assembly and disqualified Khan for making false assertions and erroneous declarations related to his assets and liabilities for the financial year of 2020-21 in the reference under Article 63(1)(p). It also ordered the reference to be sent to the trial court to initiate criminal proceedings.

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. 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. Khan then announced the 2022 Azadi March II to protest the verdict.

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. 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.

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.

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

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.

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. On 4 July 2023, the IHC, Chief Justice Aamer Farooq presiding, asked Judge Dilawar to reevaluate Khan's application to dismiss the criminal proceedings in seven days. Judge Dilawar decided on 9 July 2023 that the reference was maintainable and continued with the stalled proceedings.

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. Khan was taken into custody and jailed the same day, while his legal team filed an appeal against the conviction on 8 August.

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.

A separate tosha khana reference was filed by National Accountablity Court in December 2023 against Khan and His wife Bushra Bibi in an accountability court for retaining a jewellery set received from Saudi crown prince against undervalued assessment.

On 31 January 2024, the court convicted and sentenced Khan and his wife Bushra Bibi to 14 years' imprisonment and order them to pay a fine of about 1.5 billion rupees ($5.3 million).

On 1 April 2024, Islamabad High Court suspended Imran Khan and his wife 14 years jail sentence and granted them bail in NAB Tosha Khana case.

On 13 July 2024, Imran Khan and his wife once again arrested by NAB in Tosha Khana Case. According to an inquiry report valuable items including Graff and Rolex watches, as well as diamond and gold jewelry, were sold without being deposited in the Toshakhana. A Graff watch, valued at Rs100.9 million, was sold for Rs20.1 million, with an appraiser's underestimation indicating collusion.