LAHORE: The National Accountability Bureau (NAB) issued a call up notice to former premier Imran Khan on May 16, which was received by Advocate Ali Ijaz Buttar, a member of Khan’s legal team, at Zaman Park today (Wednesday May 17). The case pertains to Khan’s misuse of authority as a public officer holder in aiding and abetting the illegal transfer of £190 million as a quid-pro-quo for personal gains, known as the Al-Qadir Trust case.
As per the NAB notice issued under section 19 of the relevant law (National Accountability Ordinance, or NAO 1999, as amended by the National Accountability Amendment Act 2022) and other enabling provisions of the law.
NAB officials maintain that the competent authority has taken cognisance of commission of offenses of corruption and corrupt practices by Khan and his affiliates as defined under sections 9(a) (iii), (iv), (vi), (xi), and other offenses defined in the relevant schedule of the NAO 1999.
Khan’s corruption worth hundreds of millions of pounds sterling
It may be recalled that on December 14, 2018, the United Kingdom's National Crime Agency (NCA) froze approximately £20 million in the bank accounts of two Pakistani nationals i.e. Ahmad Ali Riaz and Mubashra Ali Malik, wife of Ahmad Ali Riaz, under the UK's Proceeds of Crime Act 2002. Subsequently on August 12, 2019, NCA froze another £119.7 million in the bank accounts of property tycoon Malik Riaz Hussain’s family, as well as 1 Hyde Park Place, under the same law.
NAB sources confirmed that the account freezing orders were secured by NCA at the Westminster Magistrates Court, UK, under the Proceeds of Crime Act 2002.
A senior official told TFT that in the note dated December 2, 2019 for the prime minister, it was specifically mentioned in paragraph 10 that the funds are to be repatriated to the exchequer in Pakistan, but the funds were never transferred to the national exchequer.
“On December 3, 2019, Assets Recovery Unit (ARU, Government of Pakistan) issued a press release in which it was stated that the National Crime Agency, UK agreed for immediate repatriation of funds to the State of Pakistan,” the official said. He further recalled that the NCA had also issued a press release stating that it agreed to repatriate the frozen funds to the State of Pakistan.
The proceeds were adjusted against Bahria Town’s liability
The senior official said that as per the records, these funds were dishonestly and maliciously adjusted against the liability of Bahria Town Ltd. Karachi (BTLK), instead of being repatriated to the State of Pakistan. This was done by transferring the funds in the designated account which was maintained for depositing the liability of BTLK.
NAB officials confirmed that the record of the funds transfer reveals on November 25, 2019, foreign inward remittances amounted to £116,726,053 (more than Rs. 23 billion). On November 26, 2019, they were £20,006,895 (nearly Rs. 4 billion) and then on May 11, 2022, another £34,498,795 (over Rs. 8 billion) were received from the UK and deposited in the designated account for BTLK’s liability.
The role of Khan’s accountability minister Shahzad Akbar
NAB officials informed Imran Khan in writing that after adjustments of funds against the liability of BTLK and to cover his illegal designs, on December 2, 2019, his special assistant Shahzad Akbar, who was also running the ARU, initiated a note for the-then prime minister in a sealed envelope, in connivance with Khan and others, for securing the cabinet’s approval by concealing the actual facts - including the fact that the funds had already been adjusted against the personal liability of BTLK - prior to the approval of the federal cabinet dated December 3, 2019.
NAB officials reiterate that the said funds were never repatriated to the State of Pakistan’s exchequer. The officials further said that Khan’s SAPM Shahzad Akbar, in connivance with then-prime minister Khan, presented a unsigned deed of confidentiality before the cabinet, chaired by Khan as prime minister, within sealed envelope on December 3, 2019.
Akbar failed to disclose the fact that it had already been signed on November 6, 2019, and it designated the account for adjustment of liability of BTLK as the account to which the NCA should transfer the frozen funds, instead of repatriating the recovered amount to the State of Pakistan. This was all allegedly done in order to give and obtain material benefit to the persons of Imran Khan, Malik Riaz, Shahzad Akbar, and other accused, which cost the State of Pakistan billions of rupees.
Al-Qadir Trust land was acquired from Malik Riaz against the favour
NAB further asked former premier Khan why during the same time period, in return for this favour, he obtained material and monetary benefit from Bahria Town Ltd. (BTL) illegally and dishonestly in the shape of land measuring 458 kanals, and Rs. 285 million, and a building as well as other benefits disguised as donations to the Al-Qadir University Project Trust, in which Khan and his incumbent wife Bushra Khan are trustees.
NAB had further asked former premier why he presided over the federal cabinet meeting on December 3, 2019 wherein the note dated December 2, 2019 and deed of confidentiality were presented and approved; albeit in a sealed envelope, and without addressing the queries raised by his cabinet ministers about the deal and role of the PTI government in it. Khan, despite being the prime minister and the final authority in all PTI affairs, failed to satisfy his cabinet colleagues, but reportedly forced through the approval of the sealed envelope. This was done in order to extend undue benefit to BTLK and deprive the State of Pakistan from billions of rupees recovered in its favour by the UK NCA.
Bahria Town became the sole beneficiary of the entire illegitimate amount, as it was transferred in the account designated, opened and operated for adjustment against the liability of BTLK determined by the Supreme Court of Pakistan in its orders dated March 21, 2019, which was itself passed in continuation of order dated March 13 of that same year in CMA No. 376-K of 2014, SMC No. 16 of 2011, SMC No. 3 of 2009 and SMC No. 34 of 2018, all pertaining to BTLK.
Imran Khan didn’t cooperate with inquiry in March 2023
NAB officials recalled that a call up notice dated March 2, 2023 was issued to the former premier who neither joined the inquiry nor appeared before NAB to record his statement or plea. Khan also did not provide documents specified by NAB in its notice, and could not furnish the specific information required for the purpose of the NAB inquiry.
On the contrary, Khan has raised what NAB termed “frivolous objections” in his written response, which further shows that he is “deliberately and willfully” avoiding the NAB inquiry proceedings. It may be surmised that Khan is attempting to delay the NAB inquiry as he attempts to force elections, in the hope that he will be able to shut down the inquiry if he comes back to power.
Al-Qadir Trust inquiry now an anti-corruption investigation
In its call up notice, NAB stated that the allegations of commission of corruption offenses had been “materially substantiated during the course of inquiry” due to which the inquiry has now been converted into Investigation.
“The report of the inquiry has already been provided to you in terms of Section 18 (c) of NAO 1999,” the call up notice read. The notice has been issued to Khan as an accused, offering him yet another opportunity to appear in person, record his plea if he has any, and join the investigation in order to cooperate with the authorities.
NAB has asked Khan to appear in person on May 18, 2023 at 10am at the NAB headquarters in Sector G-6, Islamabad. Furthermore, NAB has also summoned Imran Khan’s wife, Bushra Khan, and former interior minister Sheikh Rashid Ahmed, on May 24 in connection with the Al-Qadir Trust case.
Khan has been directed to appear before the CIT Investigation Wing-lI to record his plea and to provide the following documents:
Imran Khan has been informed in writing that further non-compliance with the NAB investigation would entail penal consequences in accordance with section 2 of the relevant schedule of NAO 1999.
Sources with insider access to Imran Khan’s legal team purported that Khan's lawyers also agreed with the assertion that Khan is in ‘hot waters’ as he may neither be able to provide a satisfactory answer to the accountability watchdog, nor be able to furnish the plethora of documents listed above, which he is now required to produce before NAB in the Al-Qadir Trust case.
As per the NAB notice issued under section 19 of the relevant law (National Accountability Ordinance, or NAO 1999, as amended by the National Accountability Amendment Act 2022) and other enabling provisions of the law.
NAB officials maintain that the competent authority has taken cognisance of commission of offenses of corruption and corrupt practices by Khan and his affiliates as defined under sections 9(a) (iii), (iv), (vi), (xi), and other offenses defined in the relevant schedule of the NAO 1999.
Khan’s corruption worth hundreds of millions of pounds sterling
It may be recalled that on December 14, 2018, the United Kingdom's National Crime Agency (NCA) froze approximately £20 million in the bank accounts of two Pakistani nationals i.e. Ahmad Ali Riaz and Mubashra Ali Malik, wife of Ahmad Ali Riaz, under the UK's Proceeds of Crime Act 2002. Subsequently on August 12, 2019, NCA froze another £119.7 million in the bank accounts of property tycoon Malik Riaz Hussain’s family, as well as 1 Hyde Park Place, under the same law.
NAB sources confirmed that the account freezing orders were secured by NCA at the Westminster Magistrates Court, UK, under the Proceeds of Crime Act 2002.
A senior official told TFT that in the note dated December 2, 2019 for the prime minister, it was specifically mentioned in paragraph 10 that the funds are to be repatriated to the exchequer in Pakistan, but the funds were never transferred to the national exchequer.
“On December 3, 2019, Assets Recovery Unit (ARU, Government of Pakistan) issued a press release in which it was stated that the National Crime Agency, UK agreed for immediate repatriation of funds to the State of Pakistan,” the official said. He further recalled that the NCA had also issued a press release stating that it agreed to repatriate the frozen funds to the State of Pakistan.
The proceeds were adjusted against Bahria Town’s liability
The senior official said that as per the records, these funds were dishonestly and maliciously adjusted against the liability of Bahria Town Ltd. Karachi (BTLK), instead of being repatriated to the State of Pakistan. This was done by transferring the funds in the designated account which was maintained for depositing the liability of BTLK.
NAB officials confirmed that the record of the funds transfer reveals on November 25, 2019, foreign inward remittances amounted to £116,726,053 (more than Rs. 23 billion). On November 26, 2019, they were £20,006,895 (nearly Rs. 4 billion) and then on May 11, 2022, another £34,498,795 (over Rs. 8 billion) were received from the UK and deposited in the designated account for BTLK’s liability.
The role of Khan’s accountability minister Shahzad Akbar
NAB officials informed Imran Khan in writing that after adjustments of funds against the liability of BTLK and to cover his illegal designs, on December 2, 2019, his special assistant Shahzad Akbar, who was also running the ARU, initiated a note for the-then prime minister in a sealed envelope, in connivance with Khan and others, for securing the cabinet’s approval by concealing the actual facts - including the fact that the funds had already been adjusted against the personal liability of BTLK - prior to the approval of the federal cabinet dated December 3, 2019.
NAB officials reiterate that the said funds were never repatriated to the State of Pakistan’s exchequer. The officials further said that Khan’s SAPM Shahzad Akbar, in connivance with then-prime minister Khan, presented a unsigned deed of confidentiality before the cabinet, chaired by Khan as prime minister, within sealed envelope on December 3, 2019.
Akbar failed to disclose the fact that it had already been signed on November 6, 2019, and it designated the account for adjustment of liability of BTLK as the account to which the NCA should transfer the frozen funds, instead of repatriating the recovered amount to the State of Pakistan. This was all allegedly done in order to give and obtain material benefit to the persons of Imran Khan, Malik Riaz, Shahzad Akbar, and other accused, which cost the State of Pakistan billions of rupees.
Al-Qadir Trust land was acquired from Malik Riaz against the favour
NAB further asked former premier Khan why during the same time period, in return for this favour, he obtained material and monetary benefit from Bahria Town Ltd. (BTL) illegally and dishonestly in the shape of land measuring 458 kanals, and Rs. 285 million, and a building as well as other benefits disguised as donations to the Al-Qadir University Project Trust, in which Khan and his incumbent wife Bushra Khan are trustees.
NAB had further asked former premier why he presided over the federal cabinet meeting on December 3, 2019 wherein the note dated December 2, 2019 and deed of confidentiality were presented and approved; albeit in a sealed envelope, and without addressing the queries raised by his cabinet ministers about the deal and role of the PTI government in it. Khan, despite being the prime minister and the final authority in all PTI affairs, failed to satisfy his cabinet colleagues, but reportedly forced through the approval of the sealed envelope. This was done in order to extend undue benefit to BTLK and deprive the State of Pakistan from billions of rupees recovered in its favour by the UK NCA.
Bahria Town became the sole beneficiary of the entire illegitimate amount, as it was transferred in the account designated, opened and operated for adjustment against the liability of BTLK determined by the Supreme Court of Pakistan in its orders dated March 21, 2019, which was itself passed in continuation of order dated March 13 of that same year in CMA No. 376-K of 2014, SMC No. 16 of 2011, SMC No. 3 of 2009 and SMC No. 34 of 2018, all pertaining to BTLK.
Imran Khan didn’t cooperate with inquiry in March 2023
NAB officials recalled that a call up notice dated March 2, 2023 was issued to the former premier who neither joined the inquiry nor appeared before NAB to record his statement or plea. Khan also did not provide documents specified by NAB in its notice, and could not furnish the specific information required for the purpose of the NAB inquiry.
On the contrary, Khan has raised what NAB termed “frivolous objections” in his written response, which further shows that he is “deliberately and willfully” avoiding the NAB inquiry proceedings. It may be surmised that Khan is attempting to delay the NAB inquiry as he attempts to force elections, in the hope that he will be able to shut down the inquiry if he comes back to power.
Al-Qadir Trust inquiry now an anti-corruption investigation
In its call up notice, NAB stated that the allegations of commission of corruption offenses had been “materially substantiated during the course of inquiry” due to which the inquiry has now been converted into Investigation.
“The report of the inquiry has already been provided to you in terms of Section 18 (c) of NAO 1999,” the call up notice read. The notice has been issued to Khan as an accused, offering him yet another opportunity to appear in person, record his plea if he has any, and join the investigation in order to cooperate with the authorities.
NAB has asked Khan to appear in person on May 18, 2023 at 10am at the NAB headquarters in Sector G-6, Islamabad. Furthermore, NAB has also summoned Imran Khan’s wife, Bushra Khan, and former interior minister Sheikh Rashid Ahmed, on May 24 in connection with the Al-Qadir Trust case.
Khan has been directed to appear before the CIT Investigation Wing-lI to record his plea and to provide the following documents:
- Application of NCA filed before Court of Westminster Magistrates Court, UK for freezing of 140 Million GBP and 1 Hyde Park Place UK under the Proceeds of Crime Act 2002.
- Complete record pertaining to defreezing of 140 million GBP and 1 Hyde Park place.
- Accounts Freezing Orders of NCA.
- Deed of Confidentiality signed on behalf of the Government of Pakistan.
- Framework agreement/settlement agreement between Malik Riaz Family and NCA UK.
- Complete correspondence between the Pakistani government and NCA UK regarding the above said matter.
- Complete correspondence of PM office with other departments in Pakistan, including ARU.
- Complete documents including registration documents of Al-Qadir University Project Trust, Al-Qadir University Project Endowment Fund Trust, and Al-Qadir Trust.
- Details of donors in these projects along with details of donations, land transferred, money received etc.
- Details of donations made by Trustees, including by Imran Khan himself.
- Complete details of land, building, cash, kinds etc. transferred by BTL to Al-Qadir Trust along with acknowledgement deed and value of land, building, cash, etc.
- Complete expenditures of Al-Qadir University Project Trust, Al-Qadir University Project Endowment Fund Trust, and Al-Qadir Trust.
- Bank account details of Al-Qadir Trust and transactions.
- Approval of Al-Qadir University Trust with Punjab Higher Education Commission.
- Documents of affiliation of Al-Qadir University Trust with Government College University (GCU).
- Details of land, cash, gift or any other valuable thing given by Malik Riaz Hussain or any of his family member to any trustee or any cabinet member, as per Khan's knowledge.
- Trust deeds and acknowledgement of donations deed dated March 24, 2021 between Al-Qadir Trust and BTL along with any other acknowledgment deed. (if any)
- Transfer deeds of the properties transferred.
- All board resolutions of the Trusts including resolution dated September 15, 2020 along with power of attorney etc.
- Any additional information/record relevant to subject case
Imran Khan has been informed in writing that further non-compliance with the NAB investigation would entail penal consequences in accordance with section 2 of the relevant schedule of NAO 1999.
Sources with insider access to Imran Khan’s legal team purported that Khan's lawyers also agreed with the assertion that Khan is in ‘hot waters’ as he may neither be able to provide a satisfactory answer to the accountability watchdog, nor be able to furnish the plethora of documents listed above, which he is now required to produce before NAB in the Al-Qadir Trust case.