IHC directs jail authorities to issue signed power of attorneys for Imran, Bushra

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed jail authorities to obtain and provide signed power of attorney documents for Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi in connection with their appeals against conviction in the £190 million case.

A two-member bench comprising IHC Chief Justice Sarfaraz Dogar and Justice Muhammad Asif heard the appeals. Barrister Salman Safdar appeared for the appellants, while National Accountability Bureau (NAB) Special Prosecutor Javed Arshad and Rafi Maqsood represented the prosecution.

During the hearing, Safdar told the court that around 300 cases had been registered against Imran Khan and that lawyers or pleaders had been appointed in all of them. He said his grievance arose from an April 30 court order and added that NAB had argued the main appeals should be taken up instead of the applications seeking suspension of sentence.

Safdar said the principal appeals were fixed for hearing for the first time on May 7, but he did not appear because he intended to challenge the earlier order before the Supreme Court. He told the bench that an application had been filed, though objections were raised by the court office. When the chief justice asked about the objections and whether they were linked to a contempt petition, Safdar said the powers of attorney had still not been provided because the jail superintendent had not obtained the required signatures.

Chief Justice Dogar observed that Safdar did not have a power of attorney in the first place and remarked that another lawyer could have sought one. In response, Safdar said his conduct had been transparent and complained that he had not been allowed to meet his client since November last year. He said no meeting had taken place after that and referred to another matter in which a woman petitioner approached the Supreme Court after her case was not heard, after which directions were issued.

The bench then asked Safdar to begin arguments on the appeals, but he said he had not yet received instructions from his clients. He reminded the court that it had previously ordered that he be allowed to meet them, adding that he had been permitted to meet Imran Khan but not Bushra Bibi. He further said jail authorities had not handed over signed powers of attorney, which he said were necessary if he wanted to approach a higher forum.

Chief Justice Dogar said that if the appellants intended to move another court, they were entitled to receive the signed documents. He also questioned why no representative from the Advocate General’s Office was present and asked why the powers of attorney had not been signed and provided.

Safdar also informed the court that Bushra Bibi was suffering from an eye problem and said he needed to consult her. The NAB prosecutor replied that the matter of power of attorney did not fall within the bureau’s remit, but the chief justice still directed the prosecutor to ensure the documents were signed. Safdar, meanwhile, asked whether jail authorities intended to delay the process until the time for filing appeals had expired before giving the signed papers.

The court then directed the Advocate General’s Office to ensure compliance with its order within seven days and instructed that the signed powers of attorney be provided to counsel for the former prime minister and the former first lady. The IHC also fixed the hearing of the appeals against their convictions in the £190 million case for the last week of June.

Al-Qadir Trust case

The Al-Qadir Trust case, also known as the £190 million case, concerns allegations that Imran Khan and others in 2019 adjusted Rs50 billion, equivalent to £190 million at the time, that had been sent by Britain’s National Crime Agency (NCA) to the Pakistani government during his tenure as prime minister.

The sum relates to assets of a property tycoon that were seized by the NCA during the PTI government. The British agency had said at the time that the money was to be transferred to the Government of Pakistan as its settlement with the Pakistani property tycoon was a civil matter and did not amount to a finding of guilt.

NAB filed a reference in December 2023 and charges were later framed against Imran Khan and Bushra Bibi on February 27, 2024. According to the allegations, a settlement with the British crime agency was reached and approved by then prime minister Imran Khan on December 3, 2019 without disclosing details of the confidential agreement.