ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi have challenged their conviction in the ₹190 million case in the Islamabad High Court (IHC).
An accountability court in Islamabad awarded the former prime minister and former first lady in the case £190 million in a much-anticipated ruling earlier this month.
In a major blow to the already incarcerated politician, accountability judge Nasir Javed Rana imposed a 14-year term on the PTI founder and a seven-year term on his wife, while slapping heavy fines on them.
The case, also known as the al-Qadir Trust case, involved allegations that Imran and some others in 2019 adjusted 50 billion rupees – or 190 million pounds as the country’s prime minister.
The former ruling party strongly rejected the verdict which came after multiple delays over the weeks, announcing to approach the higher courts against it.
The petition, filed through Salman Akram Raja and advocate Salman Safdar, focused on the arguments and evidence refuting the claims made by the prosecution in the notorious graft case.
He said the conviction of Khan and his spouse was the result of political victimization “orchestrated by adversaries using NAB as a tool”, while the former prime minister has already faced “280 cases of political motivation “, many of which ended in acquittals.
The plea argued that the trial court misread the evidence and failed to consider critical facts, making the conviction unsafe.
Referring to a Supreme Court ruling in the National Accountability Bureau (NAB) amendments case, which says the anti-graft watchdog cannot try cases involving allegations of corruption and monetary gains by holders of public officials argued that the filing of the reference by NAB exceeded its jurisdiction.
“Despite this, the NAB exceeded its jurisdiction by filing NAB False and Frivolous Reference No. 1923, fully aware that the matter was not within the ambit of the NAO, 1999,” it read.
He also pointed out that the trial court had ignored the prosecution’s “most critical failure” – its failure to produce witnesses from the United Kingdom (UK) or Pakistan to support the alleged proceedings of the NCA.
The petition referred to a UK Court of Appeal ruling which clarified that the funds transferred were not the proceeds of crime, contradicting the prosecution’s claims and highlighted the NAB’s failure to provide key evidence or witnesses from the UK or Pakistan.
“The failure to produce National Crime Agency (NCA) witnesses or submit relevant documents was a fatal blow to his case,” it read.
The petition highlighted Khan’s contributions to healthcare and education, which were contrary to the allegations, and refuted claims of personal financial benefits from the Al-Qadir Trust.
The petitioners also criticized the trial for being rushed and conducted under undue pressure, compromising the principles of natural justice, in the plea.
It also called Khan’s arrest from the IHC premises on May 9, 2022, in violation of Section 24 of Nao, 1999.
The conviction in the £190million case came as the latest legal setback for the cricketer-turned-politician, who has been in prison since August 2023 even though all four convictions handed down to him have been suspended or quashed .