Toshakhana case against Imran, Bushra: IHC questions why arrest warrant issued on ‘July 13 magic date’

ISLAMABAD: A two-member bench of Islamabad High Court (IHC) Thursday heard the petition against the arrest of PTI founder Imran Khan and his wife Bushra Bibi in the new Toshakhana case. The petitioners lawyer Salman Safdar told the bench, comprising Justice Miangul Hassan Aurangzeb and Justice Babar Sattar, nothing was provided except NAB call-up notices. The call-up notice also did not clarify anything, he said.

The NAB prosecutor said they had sent a second notice as a reminder, but the founder PTI and Bushra Bibi did not cooperate in the investigation.

Justice Babar Sattar remarked, “How can a person in jail refuse to join the investigation? It is surprising for me.” The NAB prosecutor said the accused is a former prime minister. Justice Babar Sattar said, “It does not matter”. Justice Miangul Hassan asked why the arrest warrant was issued on the magic date of July 13. “The reason is that if NAB had not arrested him, he would have come out of jail,” he said.

There were many call-up notices of NAB on which the court had prevented arrest, the judge reminded. The first call-up notice of NAB is not correct, show the court second one, the judge said. How would you justify the arrest on NAB’s vague call-up notice, the judge questioned adding, the court can declare the arrest illegal today. The NAB prosecutor contended all the reports related to the arrest warrant and the reasons thereof are part of the record.

The court asked, “If NAB creates a new case on the basis of other gifts, what in the law can stop it.” Justice Miangul Hassan remarked had NAB launched an inquiry against anyone on other gifts of Toshakhana. As per the Cabinet Division list, had any person deposited the gift in Toshakhana, the judge asked.

Justice Miangul Hasan said with the non-cooperation of PTI founder and Bushra Bibi in the investigation, it was very difficult to decide the case. “NAB has to prove its good faith that they are not being used. NAB has to prove that they are acting independently,” Justice Miangul said.

How did NAB turn a blind eye to other more expensive gifts? How NAB has only picked this case? Has NAB determined the role of cabinet secretary? The NAB first separated one gift and made a case, now they were doing the rest, the judge observed. The cabinet secretary is the custodian of Toshakhana, the judge said, adding if no one deposits the gifts, cabinet secretary has to take action. If someone takes gifts, he cannot be the main suspect, the judge observed.

Why did NAB not make the cabinet secretary the main suspect? Has NAB issued an arrest warrant for the cabinet secretary, the judge asked.

The prosecutor said NAB’s investigations related to other gifts are not completed. Justice Miangul Hassan inquired whether NAB has completed the investigation of all the other accused in the case. NAB should make it clear they have to defend the arrest of PTI founder, the judge said. Barrister Salman Safdar said PTI founder and Bushra Bibi have joined the NAB investigation.

The court directed the NAB investigating officer go to Adiala jail today or tomorrow and take the answers to questionnaire. The court adjourned the hearing till August 21.