Imran Khan’s Arrest: Story behind Al-Qadir Trust Case

By Sajjad Shaukat

Pakistan’s former Prime Minister and Chairman of the main opposition party Pakistan Tehreek-e-Insaf (PTI) Imran Khan who was arrested on May 9, this year by the National Accountability Bureau (NAB) in connection with corruption involving the Al-Qadir University Trust, allegedly headed by Khan and his wife Bushra Bibi, during a court appearance at the premises of Islamabad High Court (IHC) related to a separate case, was granted five bails on May 12, 2023 by IHC, including Al-Qadir Trust case. A day ago, the Supreme Court of Pakistan ruled that his arrest was illegal and ordered his immediate release. The same bench of the IHC also extended the stay order till May 31 restraining the police from arresting the former premier in the cases registered after May 9.

After the arrest of Imran Khan, violent protests erupted across the country on May 9. In various cities and towns, the PTI supporters damaged the civil and military installations on a large scale, including the Corps Commander’s residence in Lahore which was ransacked and set to fire by a large number of PTI workers. In Rawalpindi, PTI supporters pelted stones on the gate of army’s General Headquarters, damaged army martyrs’ monuments and memorials. In cant areas, houses and offices of the army were also targeted.

Reportedly, at least 10 people including police men were killed all over the country, as the result of clashes between police and protesters.

A regards the arrest of Imran Khan, Pakistan’s Interior Minister Rana Sanaullah Khan, the NAB and the federal capital’s police chief Akbar Nasir had confirmed that the PTI chairman had been arrested in connection with the Al-Qadir Trust case, which alleged that Imran and his wife, Bushra Bibi acquired billions of rupees from a real estate company for legalising a laundered amount of Rs.60 billion, which was identified and returned to Pakistan by the UK, when the former premier was in power. The NAB also said that Khan did not give respond to several summoning notices.

In this respect, sources suggest that Imran Khan, his wife and their close aides Zulfiqar Bukhari and Babar Awan are allegedly involved in the Al-Qadir University Project. Documents revealed that they formed the trust to set up Al-Qadir University for imparting quality education in Jhelum’s Sohawa tehsil. The office address of the trust has been mentioned as “Bani Gala House, Islamabad”.

Later, documents disclosed that the trustees signed a Memorandum of Understanding (MoU) with a private company engaged in real estate business to receive donations. The company allotted land measuring 458 kanal, 4 marla, 58 square feet to the trust. Fulfilling paper formalities, Bushra Bibi signed the MoU effective from March 2019.

Last June, the new coalition government of the PDM accused that Khan and his wife obtained land worth billions of rupees for their trust from Malik Riaz Hussain, a major property tycoon of Pakistan to build an educational institute.

The NAB has allegedly stated that the PTI government struck a deal with Malik Riaz in a quid pro quid arrangement with the real estate businessman.

In December 2019, Riaz agreed to hand over assets, including properties worth $239m, to United Kingdom’s National Crime Agency (NCA) in an investigation related to “dirty money”.

However, the matter got murky with the entrance of Special Assistant to the Prime Minister Accountability Shahzad Akbar, who apparently on the behest of Malik Riaz convinced the NCA to settle the matter and return the money to Pakistan. In 2019, the settlement which was out of court came with the stipulation that it did not “represent a finding of guilt”.

To understand this, the NCA is a national law enforcement agency in the UK which investigates money laundering and illicit finances derived from criminal activity in the UK and abroad. So, if the agency is investigating these sorts of cases in Pakistan, it will prosecute or make a settlement in the UK and return the money to the Pakistani government.

On December 5, 2019, Mr Akbar announced at a press conference in Islamabad that £140m had been repatriated to Pakistan, into the Supreme Court’s account. When asked how the money could be transferred to the SC account, he deflected the question, saying that the government, NCA and Mr Riaz had signed a “deed of confidentiality” which prevented him from elaborating on the matter.

It is mentionable that besides the federal ministers of the ruling coalition, Prime Minister Shehbaz Sharif on May 10, 2023 reiterated that the NAB had arrested the PTI Chairman Imran Khan legally on the basis of corruption and corrupt practice in a land dispute, involving a whopping amount of Rs.60 billion (£190 million).

In his defence against the NAB case, Imran claimed that he did not reap any personal benefit from Al-Qadir Trust, pointing out that a “trustee never gets any monetary benefit”.

He elaborated that “the decision to establish a university was taken in November 2018 and that its “ceremony was held when he was the premier in May 2019.

He further stated: “The case was quite simple. We were given a choice that Pakistan would receive $170 million from NCA and its details regarding the agreement would remain confidential or otherwise we [would] have to file a case in the UK. We were also told that we had already wasted $100 million on foreign litigations and if we file a case, it will take years to conclude. Hence, we decided that if $170 million come to the Supreme Court or to the government, it would come to Pakistan.”

Khan added: “Instead, the PDM government made a corruption case against me…the aim to establish Al-Qadir University was to produce leadership for the country, which was acquainted with Islamic teachings.”

In fact, since being ousted from power, Khan has been hounded by law enforcement agencies over literally hundreds of different cases. He has repeatedly pointed out that all of the cases have been cooked up in a deliberate exercise in political victimisation instigated by the incumbent federal government and the military establishment which wishes to see him behind bars or keep him out of politics.

In this context, quoting legal experts, AlJazeera on May 9, 2023 wrote: Khan and his government were not directly linked to the case. Lawyer Abuzar Salman Niazi told AlJazeera, “Khan’s arrest seemed to be illegal, citing changes made to NAB laws last year”.

But, Imran Shafique, a former prosecutor of the NAB and a lawyer based in Islamabad, said that, “while NAB has the right to arrest an accused in case of their repeated absence…The new laws make it much easier for the accused to get bail, so it could perhaps help Imran Khan.”

Notably, Sultan, Chairman of the NAB had resigned on February 21, this year—reportedly after refusing to comply with the PDM government which had asked him to build a case and to arrest former Prime Minister Imran Khan—Sultan was asked to perform “certain [tasks] which were not acceptable to me”, as a TV channel said.

Lt Gen (r) Nazir Ahmad Butt was notified as NAB’s chief by the PM Shehbaz. PTI’s opposition leaders Shah Mahmood Qureshi and former leader Fawad Chaudhry objected that their party was not consulted for key posting. Therefore, they termed the appointment of the NAB chief “controversial”.

While, the government sacked the NAB Chairman Lt-Gen. (R) Nazir Ahmed who detained the former Premier Khan from the premises of the Islamabad High Court, which resulted into a wave of demonstrations and violence across Pakistan, and on May 12, 2023 appointed Waqar Ahmed Chohan as the new chairman of the NAB. 

In this connection, Video clips broadcast on TV channels showed Imran–who had been using a wheelchair since being shot during an assassination attempt last year–being manhandled by dozens of the personnel of the Rangers inside the court premises.

Despite his pre-arrest bail and protective bail of his wife from the courts, ex-PM Imran Khan on May 23, 2023 appeared before NAB’s Combined Investigation Team. Sources revealed that Imran Khan has been asked to respond to 20 questions regarding the transfer of £190m from the UK. Khan was earlier summoned on May 18, this year in a ‘personal capacity’ in National Crime Agency £190m scandal, but he did not show up.

The NAB officials sought the records of the funds related to the £190m settlement case, while the former prime minister told them that the watchdog had already received the Al-Qadir Trust’s records—the £190 million received from the NCA was present in the Supreme Court’s account—No personal benefit of any kind was taken from this amount.

Khan stated: “Allegations of corruption by NAB are fabricated, baseless and malicious.

The couple had, also, gone to the Islamabad judicial complex, where an anti-terrorism court granted bail to the PTI chief in eight different cases till June 8, 2023.

Meanwhile, speaking to reporters in Islamabad, former federal minister Faisal Vawda and previous member of the PTI disclosed on May 24, 2023 that ex-spymaster Faiz Hameed was the “architect” and the mastermind in the corruption case (Al Qader Trust)—Imran Khan was currently facing.

He added that this was a “very small case” and that bigger crimes would be uncovered when things were further probed.

The NAB Rawalpindi had also summoned Awami Muslim League chief Sheikh Rashid  regarding its investigation into the NCA scandal on May 24, this year—asked former minister to bring minutes of cabinet committee’s meeting held on Dec 3, 2019.

On November 26, 2022, Malik Riaz had been served with a call-up from the NAB, who was asked to appear before a combined investigation team of the accountability watchdog on December 1, 2023.

Sajjad Shaukat writes on international affairs and is author of the book: US vs Islamic Militants, Invisible Balance of Power: Dangerous Shift in International Relations

Email: sajjad_logic@yahoo.com