Disqualification case: Imran’s stance on Bani Gala land contradictory, claims Hanif Abbasi

ISLAMABAD: PML-N leader Hanif Abbasi on Wednesday requested the Supreme Court to dismiss the supplementary concise statement submitted by PTI Chairman Imran Khan for being unreliable and contrary to the previous contentions regarding the acquisition of Bani Gala land.

Hanif Abbasi argued this in his reply submitted before the apex court in response to Imran’s supplementary statement. He had filed petitions in the Supreme Court, seeking disqualification of Imran and Jehangir Tareen for non-disclosure of their assets, ownership of offshore companies, and for PTI being a foreign-aided party.

Imran other day had filed a supplementary concise statement the other day in pursuance of the apex court’s direction and submitted that the Bani Gala land was a property of his former wife Jemima Khan and declared as such.

It was also contended that the payment to Jemima by Imran was a matter between husband and wife, not declarable to any authority because the issue had been settled between them prior to June 30, 2003, and during July 1, 2002 till June 30, 2003, leaving nothing to declare to any authority, including the ECP.

However, Hanif Abbasi’s reply filed through his counsel Akram Sheikh said in his initial concise statement titled CMA 7925/2016, Imran claimed that he bought the Bani Gala land for himself, and Jemima remitted funds for the land as a loan.

Abbasi said the agreement to sell the land was also in the name of the respondent [Imran], whereas he did not make any reference that the land was being purchased for the benefit of Jemima.

“The entire tenor is that the Respondent was purchasing the land for himself, but in the name of Ms Jemima Khan”, Hanif Abbasi said adding that later, Imran in his affidavit filed in CMA 3657/17 claimed that he purchased the property for Jemima and their children.

“He further states that the entire land was mutated in the name of Ms Jemima Khan, and it was her property for allintents and purposes; however, to make payment for the land, Mr Khan acquired "bridge financing" from Ms Jemima Khan, which was later returned to her,” Hanif Abbasi said.

He contended that in the instant application, Imran had backtracked and claimed that the Bani Gala property was purchased by Jemima herself, the entire sale price was paid by her and the property was "in fact and law the property of Respondent No 1's then wife”.

“He thus, completely suppresses the fact of obtaining loan from Ms Jemima Khan, to purchase the said land. He also states that the contribution paid by Rashid Ali Khan from his own funds was settled between him and her”, Hanif Abbasi submitted.

The PML-N leader said the stance was a complete deviation from his earlier contentions.” Interestingly, the position adopted in the present concise statement that the land was always the exclusive property of Jamima Khan paid for by her is again contradicted by para 9 (iv) of the concise statement.”

Hanif Abbasi submitted that Imran’s assertion that the use of the term "benami" in the power of attorney by Jemima was an error was completely contrary to the record and an afterthought.

“In this regard, the wording of the Power of Attorney is self-explanatory, wherein two separate assertions have been made by Ms Jemima with regard to the land i.e. firstly, ‘That the land was... purchased by Imran Khan Niazi’ and secondly, ‘The land was transferred in my name through mutation… by my ex-husband Mr Imran Ahmed Khan Niazi as a benami transaction after the separation/divorces between me and Imran Khan’,” Hanif Abbasi said.

According to Hanif Abbasi, the record clearly showed that the property was purchased in the name of Jemima, as her name appeared on all mutations; however, the payment funds which were sent by Jemima was admittedly a loan to Imran, therefore, were his property. Hence, as the land was purchased in the name of Jemima, and the funds were truly provided by Imran, a strong presumption arises that Jemima was in fact a benamidar, as she had asserted in her power of attorney.