Disqualification case lingering as Imran not satisfying court

ISLAMABAD: The disqualification case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan is dragging endlessly in the Supreme Court (SC) as the thirty-seventh hearing was held on Thursday, writes Tariq Butt.

SC Chief Justice Mian Saqib Nisar also noted that even if it is accepted that the purchase of Banigala land was “benamidar” to avoid tax, the question - provision of proof regarding transfer of money through banking transaction - to be replied by the respondent was simple but the case has prolonged much and has been brought to this stage. The implication of the land being benamidar or not would also be looked into.

However, nobody’s thinking can be gauged but the real situation becomes clear from his actions. The agreement of the purchase of land was in Imran Khan’s name and not in Jemima’s name, the top judge observed.

No day-to-day hearings are being held into this petition filed by Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi unlike the daily proceedings witnessed on Imran Khan’s plea against former prime minister Nawaz Sharif, his children and Finance Minister Senator Ishaq Dar.

A three-member bench headed by the chief justice and comprising Justice Umar Ata Bandial and Justice Faisal Arab is dealing with the instant matter whereas a five-judge panel led by Justice Asif Saeed Khosa and consisting of Justice Gulzar Ahmad, Justice Ejaz Afzal Khan, Justice Azmat Saeed and Justice Ijazul Ahsan was seized with a slew of previous petitions.

It is for the benches to decide the pace to dispose of such high profile pleas of political nature brought before them. At times, the litigants also request the judges to speedily adjudicate upon them, but it is for the justices to accept them or not. Imran Khan used to agitate for the early disposal of his plea against the Sharifs. However, it is a hard fact that in the previous case there was a visible sense of urgency to decide it quickly, and the bench had made it clear since word go that it wanted to come out with its judgment on it promptly. Initiating proceedings on Abbasi’s petition, the chief justice had also announced that the court wanted to adjudicate upon it at a fast pace.

The ineligibility case against Imran Khan is lingering not because of the judges, but due to the respondent, who is not in a position to satisfy the court, which obviously doesn’t want to take a decision without giving him ample opportunity to present his side of the story.

Justice Saqib Nisar remarked that Imran Khan has unfortunately been unable to come out with proofs, satisfactory answers to questions put by the bench till to-date and the para-wise comments to Abbasi’s petition. He also observed that there were contradictions in Imran Khan’s written statements filed with the panel.

Serious suspicions and doubts have been raised over the authenticity of the documents presented by the PTI chief, which have been dubbed fake. The bench is also not impressed with them and has sought the money trail – transfer of funds to Jemima Goldsmith – instead of her letters and asked where the bank record was showing return of loan to her. Abbasi’s lawyer Akram Sheikh asserted that Imran Khan’s signatures on the 2003 letters showing transfer of money from his offshore company’s account were fake.

The chief justice observed if the bank proof about payment of loan was made available, these documents (letters) would become irrelevant.

Justice Bandial remarked that the court was only looking into the source of fund and movement of money. “Imran Khan is a public office holder but does not have public funds,” he stated but observed that the PTI chief has not shown in his assets declaration any money brought from London and proofs about any litigation in British courts about the apartment should also be furnished.

The chief justice pointed out that Imran Khan has yet to prove remittance of 100,000 pounds from Jemima for the purchase of the Banigala land in 2002-03.

Another major contradiction also surfaced during the proceedings as PTI chairman Imran Khan did not disclose his Grand Hyatt flat in his nomination papers for the 2013 general elections and his defence has been that the apartment was disclosed before the Federal Board of Revenue (FBR) and not to the Election Commission of Pakistan (ECP).

The counsel said that Jemima has confirmed receiving £562,000 from Imran Khan in 2003 after the sale of the London apartment. However, he failed to provide any formal banking transactions showing that the money was actually transmitted through banks.

Previously, the bench had raised the presence of 75,000 pounds in the bank account and the question that arose was whether this money was Imran Khan’s asset or not.

The chief justice noted that it was stated in the written statement that an amount of Rs6.5 million was gifted to Jemima while Imran Khan has taken a different stand in the affidavit while he has accepted that loan was taken from her to purchase the Banigala land.