What does the case involving the Al-Qadir University Trust entail? Imran Khan, along with his wife, was apprehended on charges related to the Al-Qadir University Trust case. In the previous year, the newly formed coalition government accused Khan and his wife of acquiring valuable land from Malik Riaz, a prominent property developer in Pakistan, to establish an educational institution for their trust.
The National Accountability Bureau (NAB) alleges that Khan’s political party, the PTI, engaged in a transaction with Riaz that resulted in a loss of over $239 million to the national treasury, implying a quid pro quo arrangement between Khan’s government and the real estate magnate.
In December 2019, Riaz consented to relinquish assets, including properties valued at $239 million, to the United Kingdom’s National Crime Agency as part of an investigation involving illicit funds.
It is important to note that Khan and his government are not directly implicated in the aforementioned case.
Concerns about the legality of Khan’s arrest have been raised by lawyer Abuzar Salman Niazi, who cites recent modifications to NAB laws. Niazi contends that, under the amended legislation, the NAB must issue multiple notices to the accused, and arrest warrants can only be authorized if there is repeated non-compliance and deliberate attempts to evade arrest.
“The NAB chairman used to possess unrestricted powers to issue arrest warrants for any accused person. However, this is no longer possible after the change in the law,” stated Niazi.
Imran Shafique, a former NAB prosecutor and attorney based in Islamabad, expresses skepticism about the strength of the case for detaining the former prime minister. Shafique explains that while the NAB has the authority to arrest individuals who repeatedly fail to appear, the evidence against Khan seems insufficient. He highlights that the revised amendment requires the NAB to conclude its inquiry and share the report with the accused before issuing an arrest warrant.
“The revised laws make it relatively easier for the accused to obtain bail, which could potentially aid Imran Khan,” Shafique added.
Lawyer Asad Rahim Khan, based in Lahore, suggests that Khan’s arrest is more driven by fear and persecution than legal grounds. According to him, considering the changes made to the NAB law and Pakistan’s general principles regarding bail, individuals can only be arrested if they refuse to cooperate with the investigation, tamper with evidence, or pose a flight risk.
However, the NAB released a statement after Khan’s arrest asserting that he failed to respond to summoning notices, emphasizing that his arrest adhered to the NAB ordinance and the law.
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