Confidential deed exposes Imran Khan govt's involvement in £190m deal

• Akbar seeks time to respond to queries asked by publication.
• Deed clearly shows their involvement in the settlement.
• Clause empowers GoP to manage deal-related communication.

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

The deed mentions the Supreme Court registrar’s account and ensures the framework agreement details will remain secret unless legally required, raising serious questions about the government’s collaboration with the tycoon, The News reported.

At the time of the £190 million settlement case, the respondents and the UK’s NCA signed a ‘Framework Agreement’. This agreement, signed around the same time as the deed of confidentiality, outlines the settlement’s terms, including the repatriation plan for the seized amount and the sale of immovable property. Through the deed, the Government of Pakistan assured that it would keep the agreement’s details confidential and not disclose them publicly, raising questions about the secrecy surrounding such a high-profile settlement.

Former prime minister Imran Khan and his accountability czar Akbar have always claimed 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 deed of confidentiality has revealed that Khan’s government was actively involved in the entire saga, contradicting their repeated claims of having no connection to the deal.

Perusal of the deed of confidentiality — a copy of which is available with The News reveals the interpretation part of the deed includes the Registrar of Supreme Court of Pakistan’s bank account. The same was highlighted in the accountability court’s judgment dated January 17.

Clause 2.1.1 of the deed of confidentiality, signed by Akbar, states that the terms of both the deed and the Framework Agreement would remain confidential. Despite Khan and the then head of the ARU publicly distancing themselves from the deal between the NCA and the property tycoon, the deed clearly shows their involvement in the settlement.

Moreover, clause 2.4 of the deed of confidentiality states that the Government of Pakistan (GoP) will not disclose any details of the Framework Agreement without the consent of the other parties involved. This clearly shows that the GoP, through the asset recovery body, was not only part of the deed but was aware of or involved in the Framework Agreement. However, Akbar, head of the ARU, has consistently claimed that only the property tycoon and the NCA were involved in the settlement deal and that they had no role in it.

“The GoP shall not make, or permit any person to make, any public announcement, communication or circular concerning this deed, 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,” reads the Clause 2.4 of the deed of confidentiality.

Similarly, clause 2.5 of the deed indicates that the GoP can disclose information, if legally necessary, but it must first coordinate with the other parties involved. This further suggests that the GoP was a part of the Framework Agreement.

The clause reads: “Nothing in clause 2.5 shall prevent the GoP from making an announcement required by law or any governmental or regulatory authority (including any tax authority), any securities exchange or any court or other authority of competent jurisdiction, provided that it consults with the other parties to the Framework Agreement and takes into account their reasonable requests concerning the content of the announcement before it is made.”

This reveals the GoP’s active role in the settlement process.

Clause 2.6 of the deed allows the GoP to permit a third party to make an announcement if it is correcting or clarifying information about the Framework Agreement that was described differently in another public statement.

The clause reads: “Nothing in clause 2.4 shall prevent the GoP from making, or permitting a third party to make, an announcement in response to any announcement made by any person or governmental body, which contains information purporting to describe the forms of the Framework Agreement or the Transactions in different terms to those set out in the Press Release.” This clause gives the GoP the power to manage public communication related to the deal.

Moreover, clause 2.3.4 of the deed allows the GoP to disclose information if required by a court order, regulatory body, or to protect its interests in legal matters. The GoP can also disclose information if it needs to make a filing or obtain authorisation from a regulatory body, tax authority, or securities exchange.

The clause reads: “If and to the extent that the disclosure is required: 2.3.4.1 by an order of any court of competent jurisdiction, or any regulatory, judicial, governmental or similar body, or any tax authority or securities exchange of competent jurisdiction; 2.3.4.2 to make any filing with, or obtain any authorisation from, any regulatory, governmental or similar body, or any tax authority or securities exchange of competent jurisdiction; or 2.3.4.3 to protect the GoP’s interest in any legal proceedings. 

"However, the GoP must, if legally permitted, give the NCA and the Respondents as much notice of the disclosure as possible. The GoP must also consider their concerns before disclosing the information. This clause ensures that while the GoP may need to disclose sensitive details under certain legal conditions, it must try to notify and consult the involved parties before doing so, where allowed.”

Apart from the deed of confidentiality, Khan’s government allowed the property tycoon to travel abroad despite his name being on the Exit Control List (ECL). Between March 2019 and March 2022, Khan’s government gave the tycoon permission to travel at least 20 times. On March 30, 2022, just days before Khan’s government was overthrown through a no-confidence vote, the government granted the tycoon an eight-week approval to travel abroad, raising further questions about the government’s actions.

The active facilitation of Khan’s government is evident from Akbar’s frequent trips to the UK during the NCA’s settlement with the property 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 tycoon’s assets and financial dealings. Records show that Akbar and the tycoon were in the UK at the same time on several occasions.

Was it merely a coincidence that Khan’s accountability czar was in London during key moments of the NCA investigation? This raises serious questions about the extent of the government’s involvement in the case.

The News contacted Rana Sanaullah, who was the interior minister during the Pakistan Democratic Movement government, to confirm whether Shehbaz Sharif’s government had removed the property tycoon’s name from the ECL. He said he was unsure and would need to confirm the information with someone first.

The News sent a detailed questionnaire to Akbar to get his response regarding the deed of confidentiality he signed. Initially, he did not reply. After a reminder was sent, he responded with the following message: “Bhai, you have sent your questions on a Sunday and I am out with family and will try to read and answer tomorrow.”

Originally published in The News