An accountability court on Wednesday reserved its verdict in the £190 million Al-Qadir Trust corruption reference against former prime minister Imran Khan and his spouse, Bushra Bibi.
The prosecution completed final arguments in the case a day ago while the defence wrapped its reasoning today after which Accountability Judge Nasir Javed Rana reserved his verdict, which will be announced on December 23 (Monday).
In December, the National Accountability Bureau (NAB) had filed a corruption reference against Imran and seven others, including his wife, in connection with the Al-Qadir University.
The case alleges that Imran and Bushra Bibi obtained billions of rupees and land worth hundreds of kanals from Bahria Town Ltd for legalising Rs50 billion that was identified and returned to the country by the UK during the previous PTI government.
The reference filed by NAB alleged that Imran, who is currently in jail, played a “pivotal role in the illicit transfer of funds meant for the state of Pakistan into an account designated for the payment of land by Bahria Town, Karachi”. It also claimed that despite being given multiple opportunities to justify and provide information, the accused deliberately, with mala fide intention, refused to give information on one pretext or another.
Property tycoon Malik Riaz Hussain and his son Ahmed Ali Riaz, Mirza Shehzad Akbar, and Zulfi Bukhari are also among the suspects in this reference, but instead of joining the investigation and subsequent court proceedings, they absconded and were subsequently declared proclaimed offenders (PO).
Farhat Shahzadi, a close friend of Imran’s spouse, and Ziaul Mustafa Nasim, a legal expert for the PTI government’s Assets Recovery Unit, were also declared POs. Subsequently, the properties of all six accused had been frozen.
The couple were indicted in the case in February.
Reacting to today’s proceeding, the PTI questioned the need for the long hearing and asked if there was any doubt about what the verdict would be.
Talking to the media after the hearing, Imran’s sister Aleema Khanum said it seemed that the “judge has already made up his mind” and her brother would be convicted on Monday.
Meanwhile, Barrister Salman Safdar, counsel for the couple, expressed confidence that the couple would be acquitted.
The hearing
The hearing at Adiala Jail took place for eight and a half hours. Barrister Safdar argued that the case was one of “political revenge”, adding that the defence had been proved innocent in previous cases.
He said the case was one in which the matter involved PML-N President Nawaz Sharif’s son, Hassan Nawaz, as well and yet the latter was not included in proceedings.
“The reference was made to target a specific couple. Before becoming the prime minister, the PTI founder was known as a social worker, collecting donations worth billions of rupees,” he said.
Safdar also pointed out that half of the case revolved around Malik and yet he was not a part of the ongoing proceedings.
“Political revenge has become so blind that social work has also been targeted. Not even a penny went into the pockets of the accused,” he maintained.
The defence counsel also argued that NAB changed its position in the reference to now saying that it was a matter of conflict of interest.
He argued that no personal benefit was availed in the matter, no settlement agreement was present, no witness from the National Crimes Agency was present and no land was transferred in Bushra Bibi’s name.
NAB prosecutor Amjad Pervaiz said the watchdog did not step back from the case or change its stance regarding the allegations.
He was questioned what need was there that had prompted a violation of the cabinet’s rules of business to get its approval.
“The PTI founder, as prime minister, approved the illegal inflow of money into Pakistan,” he argued.
“Our stance is not that the PTI founder and his wife took personal financial benefits. It is our stance that the PTI founder approved the illegal settlement,” he added.
He further said that the prosecution had presented two of the ex-premier’s cabinet members as witnesses, remarking, “The accused had the opportunity to present any of his cabinet members in his defence.”
He added that neither Imran nor Bushra denied their relationship with Farah Gogi.
The reference
The reference said the “accused […] were given multiple opportunities to justify and provide information, but they deliberately, with malafide intention, refused to provide the information on one or the other pretext.
“Furthermore, it is established through their responses that they have nothing in their defence to rebut the above-mentioned allegations. Thus, they all have committed an offence” under the National Accountability Ordinance (NAO).
It added that the investigation proceedings and findings so far “established that accused persons in connivance with each other have committed the offence of corruption and corrupt practices” as defined under the NAO.
The reference said Imran played a “pivotal role” in the illicit transfer of funds which were meant for the state which ultimately benefited Riaz.
Akbar, a former special assistant to the premier and Asset Recovery Unit chief, played a “crucial role” in the “illegal design of the funds” which were meant for the state, the reference said.
Malik, the reference said, had “actively aided, abetted and assisted and acted in conspiracy” with the other respondents for the diversion of funds earmarked for the state.
Bushra Bibi and Shahzadi also played a “significant” and “crucial” role in the “illegal activities”, the latter also a “frontwoman” for Imran and his wife, it said.
The reference said that it was “just and proper” to proceed against the eight suspects as there was “sufficient incriminating evidence” available to justify the reference.
It pleaded that the eight suspects be tried and punished in accordance with the law by the court or any other to which the reference was entrusted.
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