IHC Dismisses FIA's Appeal Against Imran Khan's Bail In Prohibited Funding Case

The Islamabad High Court (IHC) on Wednesday dismissed the appeal of FIA seeking cancellation of interim bail of PTI's chairman Imran Khan in FIR registered under Foreign Exchange Act with regard to prohibited funding

ISLAMABAD, (UrduPoint / Pakistan Point News - 22nd Mar, 2023 ):The Islamabad High Court (IHC) on Wednesday dismissed the appeal of FIA seeking cancellation of interim bail of PTI's chairman Imran Khan in FIR registered under Foreign Exchange Act with regard to prohibited funding.

A two-judge bench comprising Justice Mohsin Akhter Kayani and Justice Tariq Mehmood Jahangiri heard the appeal of Federal Investigation Agency (FIA) seeking cancellation of interim bail of Imran Khan and others.

Special Prosecutor Rizwan Abbasi said that the PTI's chief had not joined the investigation process so far despite repeated notices. He said that Imran Khan had stated on TV channel that this money was a charity, but he used the said money for political purpose. Why funds of charity were transferred in the party's bank account, he asked.

He said sending charity amount to someone through foreign accounts was a crime to this Justice Kayani said it was a bailable offence and having two-year jail term.

The prosecutor said that the FIA had initiated its inquiry in light of the decision of Election Commission of Pakistan (ECP).

The court asked what's wrong if charity's money was sent in party's bank account. Justice Kayani noted that the allegations in FIR were against Arif Naqvi, adding that PTI or Imran Khan was just receiver of the amount.

Justice Kayani questioned that if the money was used for political purpose then how it was a personal use. He asked were there any restrictions of State Bank of Pakistan (SBP) regarding it as the FIA had to depend it only. If the SBP had not taken notice of it then this case was not maintainable.

Justice Mohsin Akhter Kayani observed that it was the authority of the federal government or SBP to initiate an inquiry into the matter. Where the prosecution would stand if the SBP would declare these transactions as legal, he asked.

The court said that the prosecution had not included anyone from the SBP in investigation process, adding that changing someone's account's name was not a crime.

Prosecutor Raja Rizwan Abbasi said that the relevant record of the UBL was missing.

Justice Kayani said that it was the responsibility of the said bank to keep the record. He asked whether Imran Khan signed the form to change the nature of the bank account.

The prosecutor said that there was a written answer of the SBP in this matter. He said that Younis Ali, Tariq Shafi and Sardar Azhar Tariq signed the said form. It was a white collar crime and the FIA had to investigate several aspects, he said, adding that being party chairman Imran Khan was beneficiary of the account of PTI.

Justice Kayani said that the account was not changed as the details were different in the form. The whole case come in regulation of SBP, he observed.

He said that how Imran Khan was beneficiary of this account as it was belong to the PTI and run by its committee. If someone give 'zakat' with the illegal money then whether the receiver would be accused of it, he asked.

The court said that if the money was misused then the sender of it was an affectee, adding that the affectee was not a complainant in this case.

The prosecutor said that funds couldn't be raised in this way in UAE as it needed a formal approval. The FIR could be quashed if no crime was committed but the accused at least should join the investigation, he said.

The company who sent the money was registered for cricket, he said. The prosecutor prayed the court to terminate the interim bail of PTI's chief and other accused.

The court earlier reserved the judgment and later dismissed the appeal of FIA.