Toshakhana reference case: Difference between revisions

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In 2021, a journalist based in Islamabad Rana Abrar Khalid, submitted the application to Pakistan Information Commission (PIC) for sharing the gifts' details received by Imran according to the [[Freedom of information|Right to Information]] Law. PIC had approved the request and ordered the Cabinet Division to provide the needed data to journalist Abrar about the presents obtained by the Prime Minister Imran Khan from different head of states. The cabinet division told Pakistan Information Commission that Abrar would get the necessary information in 10 working days or less, and it would also be posted on the official website.

After Pakistan Information Commission's order and commitment of cabinet division to PIC, Cabinet Division argued that the PIC ruling was unlawful and challenged it in [[Islamabad High Court]] (IHC), stating that it was unlawful to share the detail of Toshakhana gifts with anyone.  After many hearings in court, in April 2022, IHC had instructed Arshad Kayani, the deputy attorney general, to see that the PIC's directive to make public the specifics of the presents given to the Imran Khan, a former prime minister by heads of state after he took office in August 2018 was carried out.

In his reply to the [[Election Commission of Pakistan|ECP]] on 8 September 2022, Imran had admitted to selling the four gifts he had received from different head of states as the 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 (jewellers)|Graff]] [[watch]] and some [[cufflink]]s, a [[Ring (jewellery)|ring]] and an expensive pen were included in one of the gifts, while four [[Rolex|Rolex watches]] were included in the other three.

Following the ECP findings, Imran's admission and petitioner's documentary evidence Election of Pakistan had saved the decision against the Toshakhana reference on 2 October 2022.<ref>{{Cite web |last=ap |title=Pakistan: Election Commission disqualifies Imran Khan in Toshakhana reference |url=https://www.khaleejtimes.com/asia/pakistan-election-commission-disqualifies-imran-khan-in-toshakhana-reference |access-date=2022-10-22 |website=Khaleej Times |language=en}}</ref> On 21 October 2022, the ECP announced its saved decision applying to the present term of the [[National Assembly of Pakistan]] and "disqualified" former [[Prime Minister of Pakistan]] [[Imran Khan]] for allegedly engaging in unethical behavior, making false assertions, and making erroneous declarations<ref>{{Cite web |last=Desk |first=BR Web |date=2022-10-21 |title=Toshakhana reference: ECP disqualifies PTI chief Imran Khan |url=https://www.brecorder.com/news/40204406 |access-date=2022-10-22 |website=Brecorder |language=en}}</ref><ref>{{Cite web |date=2022-10-21 |title=Imran disqualified |url=https://tribune.com.pk/story/2382771/ecp-disqualifies-imran-in-toshakhana-reference |access-date=2022-10-22 |website=The Express Tribune |language=en}}</ref> in the reference under Article 63(1)(p) and ordered to send this reference to the trial court to initiate criminal proceedings.<ref>{{Cite web |author=News Desk |date=2022-10-21 |title=ECP Disqualifies Imran Khan In Toshakhana Reference |url=https://www.thefridaytimes.com/2022/10/21/ecp-disqualifies-imran-khan-in-toshakhana-reference/ |access-date=2022-10-22 |website=The Friday Times - Naya Daur |language=en-US}}</ref>

As per verdict, on November 21, 2022, the [[Election Commission of Pakistan]] (ECP) sent the trial court a reference regarding the Toshakhana (gift depository) to begin criminal proceedings against former [[Prime Minister of Pakistan|prime minister]] and [[Pakistan Tehreek-e-Insaf|PTI]] Chairman [[Imran Khan]]. In accordance with Sections 137, 170, and 167 of the Election Act, the district and sessions judge had received the reference.<ref>{{Cite web |date=2022-11-14 |title=Toshakhana reference sent to trial court against Imran |url=https://tribune.com.pk/story/2386284/toshakhana-reference-sent-to-trial-court-for-criminal-proceedings-against-imran |access-date=2022-11-21 |website=The Express Tribune |language=en}}</ref> The written decision stated that the PTI chief had "intentionally and deliberately" broken the laws outlined in sections 137, 167, and 173 of the Elections Act, 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 calendar year 2020–21.