ISLAMABAD: The Islamabad High Court (IHC) on Thursday ordered prison authorities to obtain and hand over signed powers of attorney for Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife, Bushra Bibi, in relation to their appeals against convictions in the £190 million reference.
The matter was heard by a two-member bench comprising IHC Chief Justice Sarfaraz Dogar and Justice Muhammad Asif. Barrister Salman Safdar represented the appellants, while NAB Special Prosecutor Javed Arshad and prosecutor Rafi Maqsood appeared for the prosecution.
During the proceedings, Barrister Safdar informed the court that nearly 300 cases had been registered against Imran Khan and legal representatives had been appointed in each. He argued that his concerns arose from the court’s April 30 order, noting that the National Accountability Bureau (NAB) had previously insisted that the main appeals should be heard instead of applications seeking suspension of sentence.
Safdar explained that although the principal appeals were scheduled for hearing on May 7, he chose not to appear because he intended to challenge the earlier order before the Supreme Court. He added that the petition had been filed but objections from the court office delayed the process.
Responding to questions from the chief justice, Safdar said the main obstacle was that jail authorities had failed to obtain the signatures of Imran Khan and Bushra Bibi on the required powers of attorney.
Chief Justice Dogar observed that no valid power of attorney had yet been placed on record and suggested another lawyer could have sought the necessary authorization. Safdar, however, maintained that he had acted transparently and claimed he had been unable to meet his client since November last year.
When invited to begin arguments on the appeals, the lawyer declined, saying he had not yet received instructions from his clients. He reminded the bench that it had earlier ordered meetings with both appellants, adding that while he had been allowed to meet Imran Khan, he was denied access to Bushra Bibi.
Safdar further argued that without signed powers of attorney, he could not effectively approach higher courts on behalf of his clients.
The chief justice remarked that if the appellants wished to pursue legal remedies elsewhere, they were entitled to receive the signed documents. He also questioned the absence of a representative from the Advocate General’s Office and sought an explanation for the delay.
The lawyer informed the court that Bushra Bibi was experiencing an eye-related medical issue and that consultation with her was necessary. Although the NAB prosecutor stated that obtaining powers of attorney was outside the bureau’s jurisdiction, the bench instructed him to facilitate the process.
Safdar expressed concern that the delay could continue until the deadline for filing appeals had passed.
The court subsequently directed the Advocate General’s Office to ensure compliance within seven days and ordered that the signed powers of attorney be provided to the defence counsel. It also scheduled the hearing of Imran Khan and Bushra Bibi’s appeals in the £190 million case for the last week of June.
Background of the £190 Million (Al-Qadir Trust) Case
The Al-Qadir Trust case, widely known as the £190 million reference, centres on allegations that the PTI government in 2019 adjusted Rs50 billion equivalent to £190 million at the time that had been transferred to Pakistan by Britain’s National Crime Agency (NCA).
The funds were linked to assets belonging to a prominent property developer that had been seized by the NCA. The British agency had clarified that its settlement with the businessman was a civil matter and did not amount to a criminal conviction.
The National Accountability Bureau filed the reference in December 2023 and formally charged Imran Khan and Bushra Bibi on February 27, 2024. The prosecution alleges that then-prime minister Imran Khan approved a confidential settlement with the NCA on December 3, 2019, without disclosing its details, resulting in an unlawful adjustment of the recovered amount.
