The ‘Tosha Khana’ case is just one of the many forms of corruption that many
of Pakistan’s recent rulers have engaged in.
ByKhawaja Amer | November 2020
Interesting evidence in the ages-old Tosha Khana (gift depository) frauds and irregularities came to light when, on June 11, 2015, the Interior Minister in those days, Chaudhry Nisar Ali Khan ordered the Federal Investigation Agency (FIA) to investigate the disappearance of a precious necklace donated for flood victims by Emine Erdogan, the wife of the then Turkish prime minister. The mystery of the missing necklace was solved in just two days as the necklace was found in the possession of Prime Minister Yousaf Raza Gilani.
It was indeed a disgraceful act as the Emergency Relief Fund is established to respond to various crises caused by natural disasters and Emine Erdogan must have donated the necklace so that the Pakistan government could sell it to generate money for the Relief Fund. As it is, government servants are prohibited from receiving gifts of any kind for themselves or for members of their families from foreign government representatives. If, however, due to very exceptional reasons, a gift cannot be refused, it should invariably be deposited in the Tosha Khana.
A list presented in the Senate Standing Committee in December 2009, much before the case of the ‘missing necklace’, revealed that only 447 of the 3,486 gifts received by state representatives, during foreign visits were deposited in the Tosha Khana. The rest were retained by the recipients after paying a meagre amount (15 per cent of the assessed value) or free of cost. The committee felt that the payment of 15 per cent of the assessed value of a gift was negligible and suggested that, in future, assessment should be made in a more transparent manner. The suggestion was never pursued as the list contained, among others, the names of former presidents, former prime ministers and a number of top bureaucrats and officials.
Exchange of gifts between heads of states or officers holding constitutional positions is customary during state visits but, according to the Tosha khana rules, these gifts remain the property of the state unless sold at an open auction. Rules allow officials to retain gifts with a market value of less than Rs10,000 without paying anything. Unfortunately there is a long list of beneficiaries of the Tosha Khana who somehow manipulated the rules and kept the expensive gifts for themselves. Though these gifts differ in value, the one rule of thieves is usually followed - that nothing is too small to steal.
According to one report, the malpractice started in 1963 when the US government gifted Ghandhara Motors to Pakistan. This was the most expensive gift ever given by any foreign government to Pakistan. It was perhaps a coincidence that this was after Ayub Khan’s decision not to intervene in 1962 on the advice of China to liberate Indian Occupied Kashmir. On the other hand, there is no record of numerous gifts given to both civil political and uniformed elite who frequently visit the Gulf and Middle East kingdoms and sheikdoms.
The exchange of gifts between kings, presidents and prime ministers is a centuries-old tradition. From the times of the ancient civilizations of Rome and Egypt, ceremonial gifts have been considered an effective gesture for paving the way for peaceful coexistence between countries of different cultures. Still, exchange of gifts is considered a part of diplomatic norms as there is a general belief that gifts make it possible to bridge the abyss where language struggles. As such, even now gift exchange is considered an integral part of modern diplomacy. With the evolution of various forms of government, such gift exchanges are between country and country and not person and person.
Even in America special rules apply to gifts from foreign governments. The Foreign Gifts and Decorations Act (FGDA) authorizes House Members, officers, and employees to accept “a gift of minimal value tendered and received as a souvenir or mark of courtesy.” Under implementing regulations, the term “minimal value” as used in the Act is currently defined, by reference to a statutory formula, is $390.
Pakistan’s National Accountability Bureau (NAB) had earlier filed a reference with the Accountability Court against Nawaz Sharif, Asif Ali Zardari and Yusuf Raza Gilani for alleged violation of the rules of the Tosha Khana which it argued had caused heavy losses to the national exchequer. NAB stated that “through dishonest and illegal means for their personal benefit and interest” the accused (Nawaz and Zardari) retained the vehicles in question “against a nominal payment of 15 percent of their total value”. NAB alleged that Yusuf Raza Gilani, in order to extend illegal benefits to the accused, allowed them to keep luxury vehicles gifted to them by foreign dignitaries by relaxing the procedures governing their use.
It’s a great pity that the people of Pakistan, mostly poor and hard working, pay the full price to buy vehicles while some leaders pay just 15 per cent of the price of luxury cars. This is one way to weaken democracy. Exposing corruption and holding the corrupt accountable is the only way out. The accountability court’s move to seize Nawaz Sharif’s assets in the Tosha Khana case gives some hope. The court has also indicted former president Asif Ali Zardari and ex-prime minister Yusuf Raza Gilani in the Tosha Khana reference. Let’s hope there is a logical conclusion soon.
Excellent investigative journalism. It’s a bold and daring article as I have not seen any articles on this subject. It must be due to the involvement of important politicians who are involved in these irregularities. Khawaja Amer deserves felicitations for coming out with such a bold initiative to expose politicians holding the highest offices in the Government and indulging in these heinous crimes.
Excellent investigative journalism. It’s a bold and daring article as I have not seen any articles on this subject. It must be due to the involvement of important politicians who are involved in these irregularities. Khawaja Amer deserves felicitations for coming out with such a bold initiative to expose politicians holding the highest offices in the Government and indulging in these heinous crimes.