LEGAL
The Islamabad High Court (IHC) on Wednesday imposed a Rs100,000 fine on the National Accountability Bureau (NAB) for what it described as “delaying tactics” in the £190 million Al-Qadir Trust corruption case involving former prime minister Imran Khan and his wife Bushra Bibi.
The development came during a hearing conducted by a division bench headed by Sardar Muhammad Sarfraz Dogar along with Muhammad Asif. The bench was reviewing petitions filed by the couple seeking the suspension of their sentences and appeals against their convictions in the high-profile corruption case.
NAB Raises Jurisdictional Objection
Before the hearing, the National Accountability Bureau submitted a legal response challenging the maintainability of the defence’s request for suspension of the sentence. The bureau argued that the application filed under Section 426 of the Criminal Procedure Code (CrPC) was premature.
According to NAB, the appeals filed by Imran Khan and Bushra Bibi had not yet been formally admitted for regular hearing by the high court. The prosecution maintained that the phrase “pending appeal” in Section 426 applies only when an appeal has already been admitted, meaning the court’s power to suspend a sentence does not come into effect before that stage.
Defence Raises Concerns Over Access and Delays
During the hearing, defence counsel Aitzaz Ahsan strongly criticised the restrictions on access to his client, stating that he had faced serious difficulties in obtaining a power of attorney from the jailed former prime minister.
Ahsan told the court that access to Imran Khan had been restricted for four months, which he described as a violation of constitutional rights.
“It is a fundamental right of an accused to have unimpeded access to legal counsel,” he argued, urging the court to take action against the administration of Adiala Jail.
Another defence lawyer, Salman Safdar, also criticised the delay in proceedings, noting that the appeals against the convictions were scheduled for hearing after a gap of 14 months.
In his remarks, Ahsan also referred to the recent military tribunal conviction of former intelligence chief Faiz Hameed, stating that genuine accountability would only be established if all individuals responsible for violating civilian rights were held accountable under the law.
Court Expresses Frustration
The hearing became tense when the court questioned the absence of NAB’s special prosecutor. Prosecutor Muhammad Rafay told the bench that the special prosecutor was unavailable due to “religious rituals.”
The explanation drew criticism from the bench. Chief Justice Dogar also observed that the Supreme Court of Pakistan had already taken notice of Imran Khan’s health issues, making the matter sub judice.
Frustrated with what it viewed as attempts to delay proceedings, the court imposed a Rs100,000 fine on NAB.
Case Background
The defence team requested the court to decide the matter before the upcoming Eid holidays and urged the bench to expedite the case.
The Al-Qadir Trust case has faced multiple procedural hurdles in the past. The IHC registrar’s office had earlier raised objections to the petitions, including unsigned pages and the absence of a certificate confirming the case was not being heard elsewhere.
Those objections were cleared on February 26, after which the court scheduled the hearing for March 11, following requests from the defence citing Imran Khan’s reported eye condition.
An accountability court in Islamabad had convicted Imran Khan and Bushra Bibi on January 17, 2025, sentencing them to 14 years and seven years in prison respectively in the Al-Qadir Trust Case.
The case remains one of the most politically sensitive legal battles involving the former prime minister, and its outcome is expected to have significant implications for Pakistan’s political landscape.