Khan’s £190M case hearing likely on June 26 after judge’s absence delays proceedings

A Pakistani court on Wednesday cancelled the hearing of opposition leader Imran Khan and his wife Bushra Bibi’s petition seeking suspension of their sentence in the £190 million case due to the unavailability of a judge.

According to court officials, the hearing is now expected to take place on June 26. However, this date remains unofficial until it appears on the court’s cause list. Despite that, PTI maintains confidence in the court official’s assurance, believing the hearing is likely to take place on the given date.

The two-member Islamabad High Court (IHC) bench, headed by Acting Chief Justice Sarfaraz Dogar, was unable to proceed after Justice Muhammad Asif, the second judge on the bench, went on leave. A handwritten notice posted at the IHC on Wednesday morning announced the cancellation of the day’s cause list, citing the judge's absence.

The delay drew protests from Pakistan Tehreek-e-Insaf (PTI) supporters and criticism from party leaders, particularly Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, who led a delegation to the chamber of the acting CJ’s secretary demanding a new date. The secretary later told the PTI leaders that the hearing will now likely be held on June 26.

This is not the first time PTI has had to intervene directly for a hearing date. On May 15, a similar delegation visited the IHC and secured a June 5 hearing after requesting it from the secretary to the acting CJ.

At the last hearing on June 5, the National Accountability Bureau (NAB) had requested three to four weeks to appoint a special prosecutor. The bench had directed NAB to make the appointment by the next hearing, which was originally set for June 11.

'NAB is avoiding the case,' claims PTI

Imran Khan’s lawyer, Barrister Salman Safdar, expressed frustration over the court’s procedural delays. Speaking to Nukta, he said, “It is highly regrettable that this matter has reached the acting CJ’s office. The problem lies in the acting title of the CJ and the 26th constitutional amendment, which has disrupted the functioning of the courts. It’s a major setback for the legal profession, and I fear it will worsen.”

He added that they were unable to meet Acting CJ Dogar directly due to his busy schedule and that negotiations took nearly two hours with his secretary. “Justice Asif is on leave for the entire week. I requested the case be assigned to another bench or a special bench be constituted, as was done in the cypher case, but was told the week’s schedule was already packed.”

He clarified that summer holidays will not affect the petition since bail and sentence suspension cases continue to be heard. “NAB is avoiding the case because there’s no substance in it. If heard, bail will be granted within three minutes,” he asserted. “I hope to argue this case before Justices Kiyani, Sattar, Jahangiri or Saman Riffat.”

Meanwhile, KP CM Gandapur strongly criticized the judicial process, calling it a “judicial martial law” following the 26th amendment. “One day there’s no lawyer, the next day the judge goes on leave. It’s all drama and delaying tactics because they know the case is baseless,” he said. “They’ll try something again at the next hearing -- someone will fall sick, or someone will be unavailable.”

Talking to the media, Gandapur warned of a severe response to any future crackdown. “If they shoot at us during protests again, we will shoot back. Last time we were unarmed. This time, we won’t be,” he declared.

He also extended support to overseas Pakistanis protesting for Imran Khan, saying, “They can shoot us here, but they can’t shoot those protesting abroad.”

What is the Al-Qadir Trust case?

The case revolves around £190 million transferred to Pakistan by the United Kingdom’s National Crime Agency (NCA). Prosecutors allege that Imran Khan and Bushra Bibi illegally benefitted from the money through the Al-Qadir Trust.

The funds were part of a confidential settlement between the NCA and a prominent business family. In December 2019, Khan’s cabinet approved the settlement. Investigators claim that, in exchange for facilitating the deal, a large piece of land -- 458 kanals (approximately 22.7 hectares) -- was granted to Khan and Bushra.

Khan, however, denies any wrongdoing. In a written statement, he asserted that the funds were transferred on the account holder’s instructions, not by the government, and dismissed allegations of causing financial loss to the state.

“The funds were part of a legal settlement, and neither I nor my family benefitted from them,” he stated. He also emphasized that no special facilitation was given for transferring the funds to the Supreme Court of Pakistan’s account.

Khan further argued that the transaction stemmed from an out-of-court settlement between the business family and the British agency.