ISLAMABAD: The Islamabad High Court (IHC) on Wednesday fined the National Accountability Bureau (NAB) Rs100,000 for what it termed “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 before a two-member bench comprising IHC Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Asif. The bench was hearing petitions filed by the couple seeking suspension of their sentences and appeals against their convictions.
Ahead of the hearing, NAB had submitted a written reply raising a preliminary objection regarding the court’s jurisdiction. The bureau argued that the petitions filed under Section 426 of the Criminal Procedure Code (CrPC) were premature because the appeals had not yet been formally admitted for regular hearing.
Referring to legal precedents, NAB maintained that the phrase “pending appeal” in Section 426 applies only when an appeal has been officially admitted by the court. It argued that until that stage, the court’s authority to exercise supervisory or interim powers — including suspending a sentence — does not apply.
During the proceedings, however, defence lawyers criticised the pace of the judicial process and raised concerns over access to their client.
Imran Khan’s counsel, Barrister Aitzaz Ahsan, told the court he had faced significant difficulties obtaining power of attorney from the jailed former premier, claiming access to his client had been restricted for four months. He described the situation as a violation of constitutional rights.
“It is the fundamental right of an accused to have unhindered access to legal counsel,” Ahsan said, urging the court to take action against the administration of Adiala Jail for allegedly obstructing that right.
Another member of the defence team, Barrister Salman Safdar, also criticised the delay, saying it was “unfortunate” that appeals against the convictions were being scheduled after a gap of 14 months.
Ahsan also commented on the broader issue of accountability, referring to the recent military tribunal conviction of former intelligence chief Faiz Hameed. He said genuine accountability would only be demonstrated when army officers accused of violating civilians’ rights were also held accountable under the law.
Safdar further cited a past decision by Chief Justice Dogar, noting that the judge had previously granted relief to a death-row prisoner due to an eye infection. The reference appeared to highlight Imran Khan’s own reported eye ailment.
Representing NAB, prosecutor Muhammad Rafay argued that the request for suspension of the sentence was not maintainable because the main appeals had not yet been admitted for hearing. He asked the court to first rule on the admissibility of the appeals.
The situation intensified when the bench questioned the absence of NAB’s special prosecutor. Rafay responded that the prosecutor was not present because the prosecution wanted the court to first decide the maintainability application. When asked further, he said the special prosecutor was engaged in “religious rituals,” a response that drew criticism from the bench.
Chief Justice Dogar noted that the Supreme Court had already taken notice of Imran Khan’s health concerns, making the matter sub judice before the apex court.
Expressing frustration over what it viewed as attempts to stall the proceedings, the bench imposed a Rs100,000 fine on NAB for delaying the case.
Meanwhile, the defence team urged the court to decide the matter before the upcoming Eid holidays.
At the end of the hearing, the court issued notice on NAB’s application and adjourned the proceedings, directing the anti-graft body to appear prepared at the next hearing.
The appeals and petitions for suspension of sentences have previously faced procedural hurdles. The IHC registrar’s office had earlier raised objections, including unsigned pages and the absence of a certificate confirming the case was not being heard elsewhere.
However, the court removed those objections on February 26 and fixed the hearing for March 11 after the defence sought an early date, citing Imran Khan’s eye condition.
An accountability court in Islamabad had on January 17, 2025 sentenced Imran Khan to 14 years in prison and Bushra Bibi to seven years in the £190 million Al-Qadir Trust corruption case.