Toshakhana reference case

Imran Khan Toshakhana case
Court	Election Commission of Pakistan (ECP)
Decided	21 October 2022
Ruling
Imran Khan disqualified from holding office as Member of National Assembly. Election Commission of Pakistan ordered to initiate legal proceedings against the Imran Khan.
Court membership
Judge(s) sitting	Aamer Farooq

The Toshakhana reference case was a landmark decision by the Election Commission of Pakistan 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 not sharing the details of Toshakhana gifts in annual assets submitted to ECP. Election Commission of Pakistan initiated the inquiry and announced its final verdict on 21 October 2022 as ECP disqualified Imran from holding public for short term period for making the offence involving dishonest behavior, fabricated information, and inaccurate declaration in the reference under Article 63(1)(p) and ordered to send this reference to the trial court to initiate criminal proceedings. Imran 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 earnings from their sale for public investment and development works.

Background

Toshakhana is the department that works under the Cabinet Division's administrative supervision, established in 1974 and it keeps gifts offered to rulers, lawmakers, bureaucrats, military personnel and other officials by the heads of other states, governments, and international dignitaries. As stated by the law of Pakistan, gifts and other such expensive items they obtain, people to whom these rules apply must share with the Cabinet Division and submit their gifts and materials into Toshakhana.

Case

The Toshakhana reference case was filed in the month of August against Ex-Prime Minister of Pakistan, Imran Ahmed Khan Niazi by the politicians named Mohsin Shahnawaz Ranjha and others from the coalition government of Pakistan (2022), for not disclosing the information about the gifts given to Toshakhana and the supposed sales revenue that means he sold gifts directly in market without submitting in Toshakhana, Imran officially received from different head of states. Lawmakers from the ruling alliance, Pakistan Democratic Movement, the reference had been given to Raja Pervaiz Ashraf, the speaker of Pakistan's National Assembly, later he passed this reference to Sikander Sultan Raja, Chief Election Commissioner of Pakistan for further necessary action.

Toshakhana, PIC and Islamabad High Court

In 2021, a journalist based in Islamabad Rana Abrar Khalid submitted an application to Pakistan Information Commission (PIC) for sharing the details of the gifts received by Imran according to the 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 Prime Minister Imran Khan from the different heads of state. 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 the Pakistan Information Commission's order and commitment of the cabinet division to the 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 Imran Khan, a former prime minister by heads of state after he took office in August 2018 was carried out.

ECP findings

In his reply to the ECP on 8 September 2022, Imran admitted to selling the four gifts he had received from different heads of state as the prime minister. He claimed that the gifts he purchased from the Toshakhana for Rs21.56 million brought roughly Rs58 million at the sale. A Graff watch and some cufflinks, a ring and an expensive pen were included in one of the gifts, while four Rolex watches were included in the other three.

In the Toshakhana reference case, lawmakers from the ruling coalition of Pakistan (PDM) presented documentary evidence to support their allegations against the former prime minister Imran and demanded his disqualification in accordance with article 63 of the Pakistani Constitution, sections 2 and 3, accompanied by Article 62(1)(f).

Verdict

Following the ECP findings, Imran's admission, and the petitioner's documentary evidence Election of Pakistan had 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 of Pakistan and "disqualified" former Prime Minister of Pakistan Imran Khan for allegedly engaging in unethical behavior, making false assertions, and making erroneous declarations in the reference under Article 63(1)(p) and ordered to send this reference to the trial court to initiate criminal proceedings.

Aftermath

Khan challenged the verdict in Islamabad High Court on 22 October 2022, arguing that he obtained the gifts legally from the Toshakhana and used the earnings from the sale to repair a road which leads to his house citing that it benefited his neighbors as well. He also noted that while previous leaders such as Sharif, Gillani, and Zardari had purchased expensive gifts from the Toshakhana and vehicles, which are not allowed to be purchased, for ludicrously low prices, which had in the past been lower than 20% of the assessed price, with some even purchasing gifts for only 5% - 7% of the assessed price during previous regimes, it was Khan himself who raised the retention rate to 50% of the assessed value - the same rate at which he then purchased the gifts. Khan thus announced the 2022 Azadi March II to protest.

Trial in sessions court

As per the 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 and PTI Chairman Imran Khan. In accordance with Sections 137, 170, and 167 of the Election Act, the district and session judge had received the reference. 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.

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 the ex-premier to face criminal charges for making a false declaration.

On 27 December 2022, The IHC instructed the Cabinet Division to report the specifics of gifts obtained from Toshakhana since 1947. Khawaja Haris was hired by PTI as a lawyer for the Toshakhana case.

On 4 July 2023, the Islamabad High Court headed by Chief Justice Aamer Farooq declared the case as inadmissible.

On August 5, 2023. Trial Court Disqualified for 5 years with sentence of Imprisonment for five years and 1 Lakh Fine.