A court in Pakistan delayed its verdict on Monday (Jan 13) in the 190-million-pounds Al Qadir Trust case against former prime minister Imran Khan and his wife Bushra Bibi.
The verdict was set to be announced inside the Adiala Jail prison court at 11 am local time, but it was postponed.
The announcement of the verdict had already been delayed twice. It was initially supposed to be announced on December 23 last year, then shifted to 6th of January but was pushed forward both the times.
Understanding the case
During the tenure of Imran Khan as prime minister, UK's National Crime Agency (NCA) seized assets worth 190 million pounds 'dirty money' from Malik Riaz and his son in Britain.
Riaz is Pakistan’s biggest property tycoon. It is the largest amount frozen in an NCA investigation since the Criminal Finances Act 2017 came into force.
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The legislation gives police greater powers to crack down on people attempting to launder money through the UK.
Out-of-court settlement and International Obligations
Since returning seized funds to the country of origin is an obligation under the UN convention against corruption along with prosecution of offenders, Malik Riaz agreed to an out-of-court settlement with NCA.
The agency passed on the money, with the intention that it would be given to people of Pakistan under the terms of agreement.
It allowed no-guilt status for Malik Riaz and his son on condition that they return the seized funds.
Return of funds to Pakistan
The then prime minister Imran Khan got approval of the settlement with the UK crime agency as a confidential agreement from his cabinet on December 3, 2019, without disclosing the details of the confidential agreement.
In that cabinet meeting, no minister was shown the agreement, with the government terming it as confidential. The cabinet was, therefore, used as a rubber stamp.
In that cabinet decision, it was decided that said dirty money returned from UK would be submitted to the account of Supreme Court instead of Government of Pakistan account.
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Malik Riaz was already liable to pay billions of rupees to Supreme Court of Pakistan in another landgrabbing matter, which he had settled with the top court by agreeing to pay billions in fine, while mantaining no-guilt status.
Formation of Al-Qadir Trust
Al-Qadir Trust was established in Islamabad a few weeks after the Imran-led cabinet approved the confidential agreement with the property tycoon.
After the cabinet’s approval, Malik Riaz transferred 458 kanals of land to Zulfi Bukhari, a close aide of the Khan, which he later transferred to the trust.
That trust is registered in the name of Imran Khan, Bushra Bibi and Farah, a close friend of the two.
Anti-graft body’s notice and investigation
The matter came to NAB officials under the National Accountability law (NAB) for probe into the alleged misuse of powers of Imran Khan and his associates in the process of recovery of “dirty money” received from the UK crime agency, resulting in loss to national exchequer and personal gain.
Imran Khan delayed framing of charges by not appearing in the NAB court on one pretext or another, until he was declared an absconder by the court and subsequently was produced after his arrest in Islamabad on 9 May 2023.
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Khan's defence team employed every delaying tactic during the process of this trial, and prolonged it for around one and a half years.
Imran Khan’s defence in the case
The defence of Khan rests on evasion of responsibility and technicalities. Here is what he said in the past about the trust:
"Its not mine but Cabinet's decision wherein a decision got approved from the cabinet (to transfer NCA money to Supreme Court account in lieu of Malik Riaz fine in another matter) without showing them the facts of the matter amounts to malafide and violation of rules of business of the cabinet."
"I have not gained anything, Proceeds went to a Trust."
Imran Khan's classical defence is that, to be under jurisdiction of NAB, a public office holder has to gain something, whereas he has gained nothing.
The property and funds given by Malik Riaz are to a trust and not his person.
However, closer scrutiny of prosecution case reveals that the land was initially transferred to a friend of Imran Khan as there was no trust created at that moment.
Trust was, prima facie, an afterthought and was later hurriedly formed to stall any investigation and prosecution.
White-collar crime?
The state of mind and conspiracy are difficult to prove in white-collar crimes.
The facts are admitted in the case and circumstantial evidence.
Imran Khan's accomplices Farha Gogi, Shahzad Akbar, Zulfi Bukhari consistently avoiding the law by fleeing the country and being absconders indicate that this could be indicative of a white-collar crime of magnitude involving the use of highest office in state for apparent personal benefit, through yet to be established, alleged corrupt practices.
Case according to NAB in conclusion
According to the NAB prosecution, Khan and his wife in connivance with accomplices obtained land worth billions of rupees from the property tycoon, which were later covered into a trust to build an educational institute. This was in return for striking a deal to give legal cover to the property tycoon’s black money received from the UK’s crime agency.
However, by doing so, the loss to the national exchequer was caused.
As per NAB, its claims is an admitted fact by both parties, which Imran Khan admits in court but continues to maintain in the political arena through his narrative that "Money did come to Pakistan, where is the loss?".
Timeline of the 190 million pound reference trial
The 190 million pound reference was filed on December 1, 2023
On January 6, 2024, the six accused in the reference, including Mirza Shahzad Akbar, Farhat Shahzadi and others were declared absconders
Imran Khan and wife Bushra Bibi were indicted on February 27, 2024
NAB, the anti-graftt body, recorded the statements of 35 witnesses during the trial
NAB eventually dropped 24 of its witnesses from its initial submission
The lawyers of Imran Khan also cross-examined 35 witnesses
The key witnesses in the 190 million pound reference, former principal secretary to the prime minister Azam Khan and former chief minister of Khyber Pakhtunkwa Pervez Khattak, had their statements recorded.
Former federal minister Zubaida Jalal also recorded her statement
Three judges were changed during the hearing of this reference
After 38 hearings were done when the defence lawyers completed the cross-examination of an officer named Mian Umar Nadeem.
The accused were given 15 opportunities to complete their statements under Section 342.
The accused, Imran Khan and others, did not present any witnesses in their defence.
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The trial court granted Bushra Bibi's pre-arrest bail, while the Islamabad High Court granted bail to Imran Khan in this case.
The Islamabad High Court gave the trial court the authority to decide on all the accused’s acquittal requests.
The court rejected the accused's request to call 16 witnesses as court witnesses.
The accused could not provide solid justification for calling the witnesses as the court decided on Imran Khan’s request.
A six-member prosecution team from NAB participated in the trial of the case.