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 Election Commission of Pakistan. The ECP initiated the inquiry and announced its final verdict on 21 October 2022, in which Khan was disqualified from holding public for offences involving dishonest behaviour, fabricated information, and inaccurate declarations in the reference under Article 63(1)(p). 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.
Background
The Toshakhana is a department attached to the Cabinet Division's administrative supervision. Established in 1974, it keeps gifts offered to rulers, lawmakers, bureaucrats, military personnel and other officials by the heads of other states, governments, and international dignitaries. The Toshakhana's rules states that the people to whom the rules apply must report gifts or presents to the Cabinet Division.
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 that the gifts he purchased from the Toshakhana for Rs21.56 million brought in roughly Rs58 million at 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 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 allegedly engaging in unethical behaviour, making false assertions, and making erroneous declarations in the reference under Article 63(1)(p). It also ordered the reference to be sent to the trial court to initiate criminal proceedings.