Key points
- Case involves UK-returned £190m
- Imran Khan misinforms cabinet
- Redirects seized money to pay off Malik Riaz’s fine
- Gets 458 kanals of land for his trust
- Other accused involve Imran’s wife, aides and real estate tycoon
ISLAMABAD: Former Pakistan prime minister Imran Khan has been found guilty by an accountability court in the high-profile Al-Qadir Trust case involving £190 million.
The verdict is a major legal blow to the incarcerated former cricketing star who has been in prison since August 2022 after conviction in state gifts case. The verdict in the Al-Qadir Trust case was finally announced after being deferred thrice.
Let us dive deep into the corruption reference and see how it played out.
Legal points raised
The £190 million scam case involved allegations that Khan and others nominated in the case legalised business tycoon Malik Riaz’s £190 million seized and sent by Britain’s National Crime Agency (NCA) to the Pakistani government during Imran’s tenure as the country’s prime minister.
Ex-PM Imran Khan Niazi in connivance with his adviser on accountability and interior Shehzad Akbar misguided the federal cabinet in approval of a secret and non-agenda item of the case regarding funds’ repatriation and malafidely hidden the fact that the amount has already been repatriated and has been adjusted against the liability of Malik Riaz Hussain which effectively yielded personal benefit to Malik Riaz Hussain and caused loss of £190 million to the national exchequer.
▪ In return for this illegal favour to Bahria Town Limited, ex-PM Imran Khan and his wife Bushra Bibi illegally obtained material benefit from Malik Riaz under the garb of donations i.e. land measuring 458 kanals approximately along with Rs285 million to Al-Qadir University Trust, in which accused Imran Ahmed Khan Niazi and co-accused Bushra Imran Khan are the trustees.
Revenue record
According to details of land acquisition and systematic transfer as per the revenue record of Mohra Noor, Islamabad:
▪ Initially the 240 kanals and six marla land near Mohra Noor Islamabad was acquired by Bahria Town Ltd through Ahmed Ali Riaz.
▪ BTL also built a mettle road to the said location connecting it with the main road of Bahria Enclave and also established Bahria Dastarkhawan on the said location.
▪ BTL transferred said lands of 100 kanal one marla, 100 kanal five marla on 29 July 2021 against mutations 33905 and 34945 with a combined worth of over Rs500 million. Later, another piece of land measuring 40 kanals and valued over 30 million was transferred on 28 October 2021 against mutation no 36144 (Total 240 and 6 marlas with a value of Rs530 million) in the name of front man Farhat Shehzadi (Farah Gogi).
ADLR Sohawa Office record
▪ Total land of 458.4 kanals (against Mutation No 1336, 1338, 1340, 1342, 1343, 1344. 1347, 1348, 1351, 1355) of net worth over 66 million were acquired from April 4, 2019, to April 30, 2019, from owners (Ishfaq Ahmed, Muhammad Javed, Mehdi Hussain, Ghulam Rasool, Nehr Nawaz/Ghulam Murtaza, Ghulam Mujtaba, Shams Uz Zaman, Shakeel Kayani, Parvez Afzal/ Nasreen Yunus, Ghulam Rasool) to initially Talib Hussain and then to Zulfiqar Abbas Bukhari. Later on, it was transferred to Al-Qadir University on 16 February 2021.
Al-Qadir University Project
▪ Al Qadir University Project was registered on December 26, 2019, (as per Trust Deed) with Imran Khan, Bushra Bibi, Zulfiqar Abbas Bukhari and Zaheer Uddin Babar Awan as trustees.
▪ Trust Deed was amended on July 10, 2020, nominating only Imran Khan and Bushra Bibi as Trustees.
▪ Board Resolution was passed (Amendment not registered) with addition of Dr Amir Nazir Butt and Farhat Shehzadi as Trustees along with Imran Khan and Bushra Bibi.
▪ The project secured certificate from Punjab Charities Commission (Punjab Charity Act 2018) on February 17, 2022 with above four trustees.
▪ Current Status of the Trust Project as per registered 1st Amendment of 10/07/2020 only Imran Khan and Bushra Bibi are the legal trustees.
Al-Qadir University Endowment Fund Trust
▪ As per records of the Al Qadir University Project Endowment Fund Trust Deed, it was registered on March 14, 2022 with Imran Khan (settlor), Bushra Imran, Dr Arif Nazir Butt and Farhat Shehzadi as trustees.
▪ As per the board resolution dated January 24, 2022, Imran Khan was removed. Now the present trustees are Bushra Khan, Dr Arif Nazir Butt, Dr Zeeshan Ahmed and Dr Adnan Zahid.
Charges framed
▪ Obtaining/offering valuable thing without consideration u/s 9a(ii) of NAO, 1999.
▪ Obtaining property, valuable thing, pecuniary advantage through corrupt, dishonest or illegal means u/s 9a(iv) of NAO, 1999.
▪ Misuse of Authority u/s 9a(vi) of NAO, 1999.
▪ Aiding and assisting in commission of offence u/s 9a(xii) of NAO, 1999.
Imran Khan’s involvement
The accused Imran Ahmed Khan Niazi, being the prime minister, chaired the Cabinet Meeting held on 03.12.2019 in which the deed of confidentiality was presented by accused Mirza Shahzad Akbar, special assistant to the prime minister and subsequently approved by the cabinet for signing.
Sufficient evidence is available on record to prove that accused Imran Ahmed Khan Niazi by way of misuse of authority and in active connivance with Mirza Shahzad Akbar and other co-accused persons enabled the transfer of funds destined towards the State of Pakistan into the account for liability of Bahria Town, Karachi in the name of registrar Supreme Court of Pakistan.
The accused Imran Ahmed Khan Niazi was privy to the fact that the confidentiality deed presented in cabinet meeting dated 03.12.2019 has already been signed and submitted to NCA by co-accused Mirza Shahzad Akbar on 06.11.2019. Mens rea of accused Imran Ahmed Khan Niazi, co-accused Mirza Shahzad Akbar and other accused persons is evident from the fact that the bank account number of the Registrar, Supreme Court of Pakistan was provided to NCA in Confidentiality Deed dated 06.11.2019 malafidely in guise of account of State of Pakistan thus making Malik Riaz Hussain/Bahria Town beneficiary of the amount rather than State of Pakistan.
Accused Imran Ahmed Khan Niazi in connivance with Shahzad Akbar not only misguided/cheated the cabinet regarding the prior signing of Confidentiality Deed but also, intentionally and malafidely, failed to mention that the amount has already been repatriated and has been adjusted against the liability of Malik Riaz Hussain/Bahria Town, Karachi in Supreme Court of Pakistan which effectively yielded personal benefit to Malik Riaz Hussain/Bahria Town rather than any monetary benefit to State of Pakistan hence causing loss to the national exchequer to the tune of £190 million for which he is jointly and severally responsible.
In return of the illegal favour extended to Malik Riaz Hussain/Bahria Town, accused Imran Ahmed Khan Niazi illegally obtained material benefits from him under the garb of donations i.e. land measuring 458 kanals approximately along with funds to the tune of Rs285 million and in kind to Al-Qadir University Project Trust, in which, accused Imran Ahmed Khan Niazi and his wife co-accused Bushra Imran Khan are the trustees.
The evidence
▪ Note for the prime minister (which mentions Bahria Town and repatriation of funds) seen and approved by PM for placement in Cabinet meeting.
▪ Minutes and decisions of cabinet.
▪ Donation deed from Bahria town and transfer of huge amounts in Bank, land building and equipment.
▪ Press release of NCA and ARU.
▪ Being the Minister In charge and head of the Government ARU was under his control and the statement of Azam Khan showed a direct connection between PM and Shehzad Akbar, the then SAPM.
▪ Statement along with a report of the committee of the Cabinet duly signed by Sardar Ahmed Nawaz Sukhera.
▪ Record of Sub Registrar reflects accused as trustee
▪ Transfer of funds from UK to account at NBP for liability of Bahria Town Karachi establishes benefit extended to Bahria Town.
▪ Record from Ministry of Finance shows that account in the name of registrar, Supreme Court of Pakistan is not account of state/government.
Charges against Mirza Shahzad Akbar
▪ Misuse of Authority u/s 9a(vi) of NAO, 1999.
▪ Aiding and Assisting in commission of offence u/s 9a(xii) of NAO, 1999.
Mirza’s role
The proceedings of the investigation established Mirza Shahzad Akbar as the master craftsman of the whole illegal scheme which enabled the transfer of funds destined towards the State of Pakistan into the account for liability of Bahria Town, Karachi in the name of registrar Supreme Court of Pakistan. Accused Shahzad Akbar, by way of sheer misuse of authority, signed the Confidentiality Deed on 06.11.2019 and gave the account number meant for liability of Bahria Town in the name of Registrar, Supreme Court of Pakistan as “Designated Account” posing it as the account of State of Pakistan.
It is pertinent to mention that co-accused Ziaul Mustafa Nasim signed the deed as a witness. Furthermore, Accused Mirza Shahzad Akbar presented the Addl. Agenda (no. 2) regarding “Account Freezing Orders (AFOS) and Repatriation of Funds to Pakistan in Mr Ahmed Riaz & Family and Messers.
Bahria Town (Private) Limited” in Cabinet Meeting dated 03.12.2019 for approval of signing of Confidential Deed. However, he intentionally and malafidely concealed this fact from the Cabinet that he had already signed the Confidentiality Deed on 06.11.2019 and submitted the same to NCA.
The evidence available on record further establishes that being Chairman ARU, he was the main person dealing with the matter and negotiations with the UK Government/NCA. As per the record, Mr. Shahzad Akbar along with Mr. Zia ul Mustafa Nasim visited the UK from 04.02.2019 to 08.02.2019 to meet with the officials of NCA.
Moreover, both of them visited UK from 22.05.2019 to 26.05.2019 for meeting with Home Secretary of UK and DG NCA on pending cases of civil recoveries and extradition matters. Mens rea of Mirza Shahzad Akbar is evident from the fact that none of the representatives from FBR, NAB, FIA and State Bank who were members of ARU were taken on board by him w.r.t repatriation of funds into the account for liability of Bahria Town in the name of Registrar, Supreme Court of Pakistan instead of State of Pakistan hence causing loss to the national exchequer to the tune of GBP (E)190 million for which he is jointly and severely responsible.
▪ Paragraph 7, 8 and 9 of Note for the PM, showing the British Govt had agreed to hand over funds to the state of Pakistan and repatriation of funds (property) was subject to the signing of a confidentiality deed thus under his control.
▪ Notification of formation of ARU/Tors of ARU.
▪ Signing of deed on 06.11.2019 before Cabinet Meeting on 03.12.2019 shows his mens rea.
▪ Transfer of funds from UK to Pak in last week of November 2019 i.e. before cabinet Meeting.
▪ Approval of note for the PM by hand and statement by Azam Khan.
▪ Statement of Azam Khan establishing meeting of accused Imran Khan and Shehzad Akbar regarding the note on 02.03.2019.
▪ He misrepresented and concealed the facts from Cabinet. He signed deed of confidentiality without any authorization prior to the Cabinet meeting.
Charges against Malik Riaz Hussain
▪ Obtaining/Offering Illegal Gratification u/s 9a(i) of NAO, 1999.
▪ Obtaining/Offering valuable thing without consideration u/s 9a(ii) of NAO, 1999.
▪ Obtaining property, valuable thing, pecuniary advantage through corrupt, dishonest or illegal means u/s 9a(iv) of NAO, 1999.
Aiding and Assisting in commission of offence u/s 9a(xii) of NAO, 1999.
Malik Riaz’s Role
Accused Malik Riaz Hussain, a private individual, being CEO/Director of Bahria Town (Private) Limited assisted and abetted accused Imran Ahmed Khan Niazi, Mirza Shahzad Akbar and other accused persons in illegally diverting the money meant for State of Pakistan into a bank account opened for deposit of liability of Rs460 billion on Bahria Town, Karachi imposed by Hon’able Supreme Court of Pakistan in Criminal Review Petition number 288-2911/2018 vide order dated 27*h June, 2018.
The accused CEO/Director of Bahria Town (Private) Limited is the beneficiary of the repatriation of illicit GBP (£)190 million from UK which was otherwise meant for the State of Pakistan hence causing loss to the national exchequer to the tune of GBP (E) 190 million for which he is jointly and severally responsible.
In order to obtain illegal benefits from accused Imran Ahmed Khan Niazi, he in return extended illegal material benefit to him under the garb of donations i.e. land measuring 458 kanals approximately along with funds to the tune of Rs285 million and to kind to Al Qadir University Project Trust, in which accused Imran Ahmed Khan Niazi and his wife co-accused Bushra Imran Khan are the trustees.
Additional evidence
▪ Note for the prime minister (which mentions Bahria Town and repatriation of funds) seen and approved by PM for placement in Cabinet meeting.
▪ Decision of Cabinet, Donation deed from Bahria town and details of donations in form of land building, kind and bank transfers.
▪ Ultimate beneficiary of repatriated funds as per record seized from NBP.
Charges against Ahmed Ali Riaz
▪ Aiding and Assisting in commission of offence u/s 9a(xii) of NAO, 1999.
Ahmed Ali Riaz’s Role
The accused aided and assisted in commission of offence by holding illicit/illegal money of Malik Riaz Hussain in his account and in the account of his wife and shell companies in UK against which AFOs were obtained by NCA. Furthermore, the accused transmitted the funds to the account of Registrar Supreme Court of Pakistan meant for liability of Bahria Town, Karachi instead of State of Pakistan consolidated account.
Evidence
▪ Record of repatriated funds seized from NBP.
Charges against Zia Ul Mustafa Nasim
▪ Aiding and Assisting in commission of offence u/s 9a (xii) of NAO, 1999.
Nasim’s role
The accused was privy to all the correspondence between Shehzad Akbar and NCA. He also aided/assisted him by signing the deed of confidentiality as a witness on 06.11.2019 without any authority even before the meeting of Cabinet on 03.12.2019 hence causing loss to the national exchequer to the tune of GBP (E)190 million for which he is jointly and severally responsible.
Evidence
▪ Signed confidentiality deed on 06.11.2019 as witness before the Cabinet meeting (03.12.2019) without any lawful authority showing he was privy to the offence.
▪ Functions/Duties of Barrister Ziaul Mustafa Nasim.
Charges against Syed Zulfikar Abbas Bukhari
▪ Aiding and Assisting in commission of offence u/s 9a(xii) of NAO, 1999.
Zulfi Bukhari’s role
The accused person aided/assisted in the offence by ostensibly holding the land for trust in his name even before the creation of trust thus working as frontman of the main accused Imran Ahmed Khan Niazi, Ex-PM. He was also present in cabinet meetings which approved the transfer of state money in the account for the Liability of Bahria Town Pvt Limited. Hence causing a loss to the national exchequer to the tune of GBP (£)190 million for which he is jointly and severally responsible.
Evidence against Syed Zulfikar Abbas Bukhari
▪ Letter from Revenue Department containing details of Mutations of land transferred in the name of Syed Zulfikar Abbas Bukhari before registration of trust.
▪ Transfer deed of land from Syed Zulfiqar Abbas Bukhari to Al-Qadir Trust.
▪ Minutes of Cabinet meeting dated 03.12.2019.
▪ Trust deed showing him and one of initial trustees.
Charges against Bushra Imran Khan
▪ Obtaining property, valuable thing, pecuniary advantage through corrupt, dishonest or illegal means u/s 9a(iv) of NAO, 1999.
▪ Aiding and Assisting in commission of offence u/s 9a(xii) of NAO, 1999.
Charges against Bushra Imran Khan
▪ Obtaining property, valuable thing, pecuniary advantage through corrupt, dishonest or illegal means u/s 9a(iv) of NAO, 1999.
▪ Aiding and Assisting in commission of offence u/s 9a(xii) of NAO, 1999.
Bushra’s Role
The accused person aided/assisted in offence by becoming beneficial owner of crime proceeds in capacity of trustee, Al Qadir trust.
Evidence against her
▪ Donation deed from Bahria town. Details of donations in Kind and Bank Transfers from Bahria Town.
▪ Record of Sub Registrar reflects accused as trustee.