IHC orders jail authorities to provide signed powers of attorney for Imran, Bushra

• Court orders signed powers of attorney for Imran, Bushra within seven days.
• Defence counsel cites lack of client access, delays in obtaining instructions.
• Appeals against £190m convictions scheduled for hearing in late June.

ISLAMABAD: The Islamabad High Court (IHC) has directed jail authorities to obtain and provide signed powers 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 on Thursday.

Barrister Salman Safdar appeared on behalf of the appellants, while 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 and lawyers or pleaders had been appointed in each of them. He said his grievance stemmed from an order issued by the court on April 30 and noted that NAB had argued that the main appeals should be heard instead of the applications seeking suspension of sentence.

The lawyer 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 added that an application had been filed but objections had been raised by the court office.

When the IHC chief justice asked about the nature of those objections and whether they related to a contempt petition, Safdar replied that the powers of attorney had still not been provided because the jail superintendent had not obtained the required signatures. 

The chief justice remarked that Safdar had no powers of attorney in the first place and that another lawyer could have sought one.

At this, Safdar maintained that 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 date and referred to another case in which a woman petitioner had approached the Supreme Court after her matter was not heard, following which directions had been issued.

The bench then invited Safdar to begin arguments on the appeals, but he said he had no instructions from his clients yet. He reminded the court that it had earlier ordered that he be allowed to meet them, adding that he had been permitted to meet Imran but not Bushra. He also said jail authorities had not provided him with signed powers of attorney, which were necessary if he wished to approach a higher forum.

Chief Justice Dogar observed that if the appellants intended to move another court, they were entitled to receive the signed documents. Questioning the absence of a representative from the Advocate General’s Office, he asked why the powers of attorney had not been signed and handed over.

Safdar also informed the court that Bushra was suffering from an eye problem and that he needed to consult her. The NAB prosecutor responded that the issue of powers of attorney did not fall within the bureau’s remit, but the chief justice nevertheless instructed the prosecutor to ensure that the documents were signed.

Safdar questioned whether the jail authorities intended to delay the process until the time for filing appeals had expired before providing the signed papers.

The court subsequently directed the AG office to ensure compliance with its order within seven days and instructed that the signed powers of attorney be provided to the former prime minister and ex-first lady’s counsel.

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, commonly known as the £190m case, involved allegations that Imran and some others in 2019 adjusted Rs50 billion — amounting to £190 million at the time — sent by Britain’s National Crime Agency (NCA) to the Pakistani government during his tenure as the country’s prime minister.

The amount in question relates to a property tycoon’s assets, which were seized by the NCA during PTI’s rule. The British crime agency back then had said that the amount was supposed to be passed to the Government of Pakistan as its settlement with the Pakistani property tycoon was “a civil matter, and does not represent a finding of guilt”.

However, the NAB filed a reference in December 2023, followed by charges against Imran and Bushra on February 27, 2024, alleging that a settlement with the British crime agency was reached and approved by then-prime minister Imran on December 3, 2019, without disclosing details of the confidential agreement.