IHC orders lawyers’ access to Imran Khan, Bushra within seven days in £190m case

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed the advocate general Islamabad to arrange meetings between former prime minister Imran Khan, his wife Bushra Bibi and their legal counsel within seven days to enable them to complete legal formalities for appeals against their conviction in the £190 million reference.

A division bench comprising IHC Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Asif resumed hearing appeals against the sentences handed down by an accountability court in the National Accountability Bureau (NAB) case, also known as the Al-Qadir Trust case.

During the proceedings, Imran Khan’s lawyer Barrister Salman Safdar told the court that despite repeated attempts, he had not been allowed to meet his client at Rawalpindi’s Adiala jail. He said that without access he could neither obtain instructions nor secure a signed vakalatnama, or power of attorney, for the appeals. He also said prison authorities had repeatedly refused him access to the former prime minister.

Safdar further told the bench that NAB had recently moved an application arguing that the petitions seeking suspension of sentence had become infructuous, or were no longer maintainable, after the main appeals were fixed for hearing. He said he could not effectively pursue the case in the absence of instructions from his client.

Court raises concern over denial of access

Referring to a recent Supreme Court ruling, Safdar argued that the apex court had granted relief in a similar post-conviction matter and that both Imran Khan and Bushra Bibi were entitled to seek similar relief. He also told the court that his last meeting with Bushra Bibi had taken place in December last year and that every request made after that had been rejected by prison authorities.

Chief Justice Dogar questioned why the advocate general was absent, observing that the law officer was responsible for ensuring that lawyers were able to meet incarcerated clients whenever required for court matters. Safdar also told the court that while the prosecution had already changed its legal team, he remained unable to get fresh instructions from his client.

"I have no instructions from Imran. He has the right to change his lawyer if he so desires," addressing the bench, the lawyer said.

The chief justice recalled that the court had earlier intervened to facilitate a meeting between the PTI founder and his lawyers, and that the meeting had subsequently taken place. When asked whether he held a duly signed vakalatnama authorising him to pursue the appeals, Safdar replied that he did not and said he had only been engaged in relation to the petitions seeking suspension of sentence.

Safdar contended before the court that prison authorities had blocked his access in a way that appeared intended to let the proceedings become time-barred. The chief justice expressed concern over the situation and observed that preventing access to legal counsel was unfortunate and could obstruct the administration of justice.

Proceedings deferred after access order

The bench then directed the advocate general Islamabad to ensure meetings between Imran Khan and Bushra Bibi and their counsel within seven days so that the required formalities, including signing the vakalatnama and obtaining instructions, could be completed. The court deferred further proceedings until the meetings are held and the authorisation documents are signed.

Imran Khan, who has been in prison since Aug 5, 2023, is serving a 14-year sentence at Adiala jail in the £190m case. An accountability court in Islamabad sentenced Imran Khan and Bushra Bibi to 14 years and seven years in prison, respectively, on Jan 17, 2025. Both later challenged their convictions before the IHC.

The reference alleges that the couple received billions of rupees and land measuring hundreds of kanals from Bahria Town Ltd in order to legalise Rs50 billion that had been identified and returned to Pakistan by the United Kingdom during the PTI government.