New Toshakhana reference against Imran, Bushra transferred to another court

Sep 9, 2024 - 21:36
Special judge central will hear couple's bail pleas in gifts reference, rules accountability court
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1. Special judge central will hear couple's bail pleas in gifts reference, rules accountability court

**RAWALPINDI**: An accountability court on Monday transferred the Toshakhana reference against PTI founder Imran Khan and his wife, Bushra Bibi, to a relevant court, following the Supreme Court’s ruling on the National Accountability Bureau (NAB) amendments. The case pertains to a jewellery set gifted by the Saudi crown prince.

Judge Muhammad Ali Warraich of the accountability court heard the bail petitions of Imran Khan and Bushra Bibi at a temporary court set up inside Rawalpindi's Adiala Jail. The former prime minister and his wife were present for the hearing.

Imran Khan's lawyer, Salman Safdar, argued that the reference could no longer be heard by an accountability court due to recent legal changes that came into effect after the NAB amendments were reinstated. He requested the court to transfer the case to another court, while also urging a decision on the bail petitions.

The Supreme Court had restored the amendments made to the National Accountability Ordinance, 1999, through the National Accountability (Amendment) Act, 2022. These amendments limited NAB's jurisdiction to cases involving amounts above Rs500 million and removed several regulatory bodies from NAB’s purview. The amendments also transferred ongoing investigations and trials to relevant institutions and courts.

When asked to present their arguments, NAB officials opposed the bail petitions, stating that the accountability court no longer had the authority to hear them due to the restored amendments. They insisted the reference be transferred to the appropriate court for a decision.

After hearing both sides, Judge Warraich adjourned the session for three hours before ruling that the case would be transferred to a special judge central, who would hear the bail pleas on Tuesday.

Imran Khan and Bushra Bibi had submitted separate post-arrest bail petitions in the Toshakhana case, filed under Section 9(b) of the National Accountability Ordinance, 1999, and Section 497 of the Criminal Procedure Code. The couple had been arrested on July 13, shortly after being acquitted in the iddat case, which had previously been a barrier to their release.

The petitions request bail "in the interest of justice and fair play," with both the state and the chairman of NAB mentioned as respondents.