Confidential document reveals Imran Khan government's involvement in €190 million deal

Former Prime Minister Imran Khan speaks during an interview in Lahore on March 17, 2023. Reuters Akbar seeks time to answer questions posed by the publication. The act clearly shows his involvement in the settlement. The clause authorizes the GoP to manage communication related to the agreement.

ISLAMABAD: Did the Imran Khan government play a role in facilitating the settlement of the $190 million repatriation case between the real estate tycoon and the UK's National Crime Agency (NCA)? The confidentiality act signed by Mirza Shahzad Akbar, then head of the Asset Recovery Unit (ARU), highlights the direct involvement of the government.

The deed cites the account of Supreme Court clerks and guarantees that details of the framework agreement will remain secret unless required by law, raising serious questions about the government's collaboration with the tycoon, The News reported .

At the time of the 190 million settlement, the defendants and the UK NCA signed a framework agreement. This agreement, signed at approximately the same time as the confidentiality act, specifies the terms of the settlement, in particular the plan for repatriation of the seized sums and the sale of real estate. By this act, the government of Pakistan assured that it would keep the details of the agreement confidential and would not disclose them publicly, raising questions about the secrecy surrounding such a high-profile settlement.

Former Prime Minister Imran Khan and his tsar Akbar have always maintained that neither they nor their government played any role in the 190 million settlement deal. They insist it was solely between the NCA and the property tycoon. However, the confidentiality act revealed that Khan's government was actively involved in the entire saga, contradicting its repeated claims that it had no connection with the deal.

A perusal of the confidentiality deed, a copy of which is available with The News, reveals that the interpretation part of the deed includes the bank account of the Registrar of the Supreme Court of Pakistan. The same was highlighted in the audit court's judgment dated January 17.

Clause 2.1.1 of the confidentiality deed, signed by Akbar, states that the terms of the deed and the framework agreement will remain confidential. Although Khan and the then ARU chief publicly distanced themselves from the deal between the NCA and the property tycoon, the act clearly shows their involvement in the settlement.

Further, clause 2.4 of the confidentiality act states that the Government of Pakistan (GoP) will not disclose any details of the framework agreement without the consent of other parties involved. This clearly shows that the Government of Pakistan, through the asset recovery agency, was not only part of the act but was aware of or involved in the framework agreement. However, ARU chief Akbar has always maintained that only the real estate tycoon and the NCA were involved in the settlement deal and they played no role in it.

The GoP will not make, or permit any person to make, any public announcement, communication or circular relating to this act, the Framework Agreement or the transactions contemplated by the Framework Agreement (Announcement) without the prior written consent of the other parties to the framework agreement. Agreement, reads clause 2.4 of the Confidentiality Act.

Similarly, clause 2.5 of the act states that the GoP can disclose information, if required by law, but it must first coordinate with other parties involved. This further suggests that the GoP was part of the framework agreement.

The clause reads: Nothing in clause 2.5 will prevent the GoP from making an announcement required by law or by any governmental or regulatory authority (including any tax authority), any stock exchange or any court or other authority competent authority, provided that it consults other parties to the framework agreement and takes into account their reasonable requests regarding the content of the announcement before it is made.

This reveals the active role of the GoP in the settlement process.

Clause 2.6 of the Act allows the GoP to allow a third party to make an announcement if it corrects or clarifies information about the Framework Agreement that has been described differently in another public statement.

The clause reads: Nothing in clause 2.4 will prevent the GoP from making, or permitting any third party to make, an announcement in response to any announcement made by any person or government body, which contains information purporting to describe the forms of the framework agreement. or the Transactions in terms different from those set out in the Press Release. This clause gives the GoP the power to manage public communication relating to the agreement.

Additionally, clause 2.3.4 of the Act allows the GoP to disclose information if required by a court order, regulatory body or to protect its interests in legal matters. The GoP may also disclose information if it needs to make a filing or obtain approval from a regulatory body, tax authority or stock exchange.

The clause reads as follows: If and to the extent that disclosure is required: 2.3.4.1 by an order of a court of competent jurisdiction, or of any regulatory, judicial, governmental or similar body, or of any taxing authority or stock exchange of competent jurisdiction; 2.3.4.2 make any filing with, or obtain any authorization from, any regulatory, governmental or similar body, or any tax authority or stock exchange of competent jurisdiction; or 2.3.4.3 to protect the interests of the GoP in any legal proceedings.

“However, the GoP must, if permitted by law, give the NCA and the respondents as much notice of disclosure as possible. The GoP must also consider their concerns before disclosing the information. This clause ensures that even if The GoP may need to disclose sensitive details under certain legal conditions, it should endeavor to inform and consult relevant parties in advance, where permitted.

Apart from the secrecy act, Khan's government allowed the real estate tycoon to travel abroad despite his name being on the Exit Control List (ECL). Between March 2019 and March 2022, Khan's government allowed the tycoon to travel at least 20 times. On March 30, 2022, just days before Khan's government was toppled by a vote of no confidence, the government granted the tycoon eight weeks' permission to travel abroad, raising new questions about the government's actions.

The active facilitation of Khan's government is evident in Akbar's frequent trips to the UK during the NCA settlement with the real estate tycoon. According to Akbar's travel records, he visited the UK at least 10 times between August 2018 and December 2019, when the NCA was investigating the tycoons' assets and financial dealings. Records show that Akbar and the tycoon were in the UK at the same time on several occasions.

Was it simply a coincidence that Khan's accountability officer was in London at key times during the NCA investigation? This raises serious questions about the extent of government involvement in this matter.

The newspaper contacted Rana Sanaullah, who was interior minister during the Pakistan Democratic Movement government, to confirm whether Shehbaz Sharif's government had removed the names of ECL real estate tycoons. He said he wasn't sure and would have to confirm the information with someone first.

The News sent a detailed questionnaire to Akbar to get his response regarding the confidentiality agreement he signed. At first, he didn't respond. After sending a reminder, he responded with the following message: Bhai, you sent your questions on a Sunday and I am with family and will try to read and answer them tomorrow.

Originally published in The News

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