Why Jemima Khan entered into a ‘benami transaction’ with Imran -by Umar Cheema
ISLAMABAD: Pakistan Tehrik-e-Insaf (PTI) chairman Imran Khan who announced to quit politics in case any ‘benami transaction’ (nameless transaction) was established against him is now caught in a dilemma as his ex-wife, Jemima Khan, has hinted that the land deal in Bani Gala, Islamabad in 2004, was a ‘benami transaction’.
Not only Imran had opposed such transactions, he has been fiercely advocating a ban on them and pledged last year to do so if PTI is voted to power.
But while Jemima has mentioned a benami transaction in a document, lawyers are divided on whether the power of attorney she gave to a PTI leader fits the definition of a “nameless” transaction. The PTI spokesman has denied this on behalf of the party chairman and Imran’s legal consultant offered no comment, but Jemima’s document obtained by The News offers detail contrary to the party position in this regard.
In the sworn-affidavit, Jemima Khan says Bani Gala land measuring 300 kanals and five marlas was transferred in her name by ex-husband Imran Khan as ‘benami transaction.’
In Para-3 of her general power of attorney dated September 21, 2004, Jemima Khan had stated: “The land was transferred in my name through mutations No. 7056, 7225, 7361, 7538, by my ex-husband Mr Imran Ahmed Khan Niazi as a “benami transaction.” After the separation/divorce between me and Mr Imran Ahmed Khan Niazi, I do not intend to keep the land with me.” In the entire affidavit, no amount of money regarding this transaction has been mentioned.
When The News contacted noted lawyer Abid Hasan Manto for comments, he said if something was put on record through a power of attorney, it should be taken as a fact. “When there is a power of attorney and signature of the person concerned, it is prima facie a fact.”
Another leading lawyer Athar Minallah says by declaring that it was ‘benami transaction’, Jemima Khan has denied Imran Khan’s claim reported in the media that he borrowed money from her for purchasing the land and returned it on selling his flat in London.
“She has put him in an awkward position by stating this. The usage of ‘benami transaction’ in power of attorney (a legal document), indicates that Imran Khan paid from his own pocket but chose to register the land in his wife’s name (and it didn’t appear in his tax return details where he could have been questioned about the source of money),” Athar said.
“Also, declaring ‘benami transaction’ means that she was transferring back the property to the real owner without claiming any money (since she was not the real owner),” the leading lawyer said and added: “Once transferred back in Imran Khan’s name, it is not benami. But it was when he transferred it in Jemima Khan’s name.”
Through this power of attorney, Jemima nominated Saifullah Sarwar Khan Niazi, now PTI’s additional secretary general, as her representative in Pakistan during the course of transferring back this land to Imran Khan. Since Jemima was unable to come to Pakistan, according to her affidavit, she had stated: “I do hereby appoint Mr. Saifullah Sarwar Khan Niazi son of Imran Ahsan Khan Niazi…to appear before the Revenue Office/Registrar and get the land transferred…”
As The News approached Saifullah Niazi for comments he neither denied nor confirmed, saying it was difficult to remember something that happened long ago. However, he confirmed that the full name appeared in the affidavit is his.
By mentioning ‘benami transaction’, the ex-wife of PTI leader has raised questions about Imran Khan’s claim that he never had any ‘benami transaction’ (nameless deal) in his dealings, private or public.
According to the definition, ‘benami’ is a transaction wherein a person buys a property in the name of another person or gratuitously transfers property to another person without any intention to benefit that other person.
In a ‘benami transaction’ the property is purchased not in the name of the real beneficiary, but someone who is his/her unofficial representative (benamidar). Many politicians and bureaucrats are understood to have purchased lands and kept accounts this way.
For example, Moonis Elahi’s bank accounts/property was in the name of his wife and a servant in the NICL scam so it does not appear in his personal details, as he has to show the source of income and how the assets were amassed.
Legal experts say benami transactions are resorted to by some people either to commit fraud on creditors, to evade taxes and thus defraud the state or to avoid certain political and social risks. It also provides an opportunity for putting black money into more productive use.
In the PTI context, why Jemima used this word remains a mystery. When PTI spokesman Shafqat Mahmood was asked about this document, he responded: “The purchase of land in Bani Gala was initially paid for by his wife Jemima Khan. Imran Khan paid her back after his London flat was sold. The property was in Jemima Khan’s name and after their divorce was gifted back to Imran Khan in 2005 by his ex wife.” “It was not a benami transaction and all relevant taxes were paid. Please contact Yusuf Islam Associates in Lahore who are Mr Khan’s tax advisors if you have further questions,” the PTI leader said. When Yusuf Islam was contacted, he said he was not allowed to disclose property details. Yusuf said the PTI spokesman had already taken up this query with him and that he refused to help.
Source: The News
I don’t understand that why people forget Shukhat Khanam Hospital and NIMAL University.
Umar Cheema is paid mouth piece of PML-N.
Sonami will be done by these types of benami transactions. Offcourse without corruption how is possible to travel in aircrafts of jahangir tareen . afterall there are some committments with such a big feudel and industrislist to provide him monetary benefits whenever he will be in govt. Where all shah mehmood qureshi , Hashmi , Swati , Laghari , Qasoori were doing corruption in their regims and people know how Azam swati was culprits from USA in various money laundring cases. Sonami … benami…
Khaan saab – change bina nowjwano ke vote register kye kaise aayegi, i cant see any visible change without reality knowing of inqilaab, kehna bahot assan hai kar ke kon dikhayega
feudal system mein socio-polito economic change nahi aa sakti,
corrupt politics aik achi society construct nahi hone de gi… humein khud aagey ana hoga aur Khaan saab mein woh Guftar ka Momin aur Kirdar ka Ghazi mujhe dikhai nahi de raha…
Tehreek-e-Insaf again explains Jemima’s
Thursday, May 31, 2012 From Print Edition
ISLAMABAD: The Tehreek-e-Insaf has again clarified a report in The News on May 27 titled “Why Jemima Khan did a Benami transaction with Imran”.
PTI Information Secretary, Shafqat Mahmood, said in a statement Mr Umar Cheema has tried to sensationalise a very simple transaction regarding the land where Mr Imran Khan has built a house in the Bani Gala suburb of Islamabad.
Shafqat said: “His argument that this land was purchased through a ‘Benami transaction’ is entirely based on a power of attorney that Ms Jemima Khan had given in favour of Saifullah Niazi.
In this document the person drafting it had erroneously used the words “Benami transaction” and Jemima Khan had signed it as she was not supposed to know what this term means or indeed intricacies of law.
This was an error on the part of the drafter, as it will be demonstrated below, on which an entire house of cards has been built by Mr Cheema.“First, let us see what a ‘Benami transaction’ is? A ‘Benami’ transaction has been described in Aggarwal’s Law of Benami Transactions (Pakistani Edition 2002) by Mr M. Farani as one in which the real owner of property allows it (the property) to appear in the name of an ostensible owner under a sort of secret trust.
In plain English this means that person A buys a property with his or her own money but for a variety of reasons shows person B as the owner. This is in sum a Benami transaction. It also follows that if person A has bought the property and put it in his or her own name, then it is not a Benami transaction.
Now let us look at the facts in the case of Mr Imran Khan and Jemima Khan, which were indeed conveyed to Mr Cheema but did not register adequately. The couple were then married and decided to buy the property in Bani Gala. To raise the money for it, Mr Imran Khan put his London flat up for sale.
To finalise the deal in the meantime, Jemima Khan used her own money to buy the property and it was so registered in her name. Thus if we look at the definitions given above, it cannot be described as a Benami Transaction.
When later on Mr Imran Khan was able to sell his London flat and transfer the money through banking channels to Pakistan, he paid Jemima Khan the amount she had spent to buy the property. Before it could be formally transferred in Mr Imran Khan’s name the couple unfortunately divorced and Jemima left for England.
Before leaving she obviously wanted to transfer the property in the name of Imran Khan as she had been paid the amount she had spent on buying it. As this process of transfer would have taken time and she wanted to leave, she gave a power of attorney to Saifullah Niazi to represent her in the legal transfer.
These are the facts. It is obvious that there was nothing Benami about this transaction. These words have been sensationalised only because the person drafting the power of attorney included them by mistake in the document.
To use a clerical error to question a person of Mr Imran Khan’s integrity, may serve someone’s political purpose but has no basis in law or facts. Umar Cheema adds: My report has stated facts only which were sensational. What are these facts? The clarification said the person who drafted Jemima Khan’s Power of Attorney ‘erroneously’ used the term ‘Benami Transaction.’
The author of draft was not a layperson unfamiliar with terms such as “Benami transactions” and their legal implications. The document bears the seals of solicitors who are certified UK lawyers and experts on matters such as property transfers etc.
The document also claims that the property was bought by Imran Khan and transferred in Jemima Khan’s name through a Benami transaction. It contradicts what Imran Khan has been telling the media for a long time that he borrowed money from his ex-wife to buy the land and it was returned after selling his flat in the UK.
He never said this before the PTI was approached for version that the land was registered in Jemima’s name at first. Is it a coincidence? By claiming in the affidavit that the property initially belonged to Imran Khan but transferred in her name raises the questions about the source of money and the legal or otherwise channels used to transfer the money that was used to purchase the property and taxes paid. In case this was also a “clerical error”, evidences should be produced about how the money borrowed from Jemima Khan was channeled from UK to Pakistan to purchase the property as claimed. In case Jemima had this hefty sum in local bank, better if clarified and evidences shared.
The Power of Attorney bears the signature of Jemima Khan who, one assumes, must have read the document before signing it particularly a document that has legal implications. Again, the land transferred back in the name of Imran Khan was based on this document declaring it ‘Benami Transaction’. One may curious to know what land record said whether it was treated as ‘Benami’ being returned to the actual owner who didn’t want to disclose it earlier for any reason.
I have read definition of ‘Benami Transaction’ as defined by the spokesperson. I would request him to read the legal definition. Benami Transaction: Is a transaction where a person buys a property in the name of another person or gratuitously transfers property to another person without an intention to benefit that other person. It defines “Benami Transaction” as the property purchased not in the name of the real beneficiary, but someone who is his representative (Benamidar).”
Why Benami transactions are made: “1) Some people Commit fraud on creditors; 2) The desire to evade tax thereby committing fraud on the state; 3) To avoid certain political and social risks; 4) Provides an opportunity for putting black money in to more productive use.” The spokesman should be mindful of Moonis Elahi’s alleged involvement in NICL case was on the same grounds.
I may also like to explain that when this question was sent to the PTI, the response was a complete denial of the existence of any Benami transaction. It was not said the word ‘Benami Transaction’ has erroneously been used.
Our story was based on a legal document that has not been denied as fake or forged by the PTI. Whether or not the contents including the claim of a Benami transaction was merely a “clerical error” or erroneously mentioned as now claimed by PTI in a document drafted by British solicitors is best left to the judgement of the readers.
http://www.thenews.com.pk/Todays-News-13-15019-Tehreek-e-Insaf-again-explains-Jemimas
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All right! The word “benami” was erroneously or with ulterior motive was entered into the affidavit, one would take it for granted.
Jemimah has no political aspiration, but Imran Khan has. If he cannot protect his own rights in an ordinary legal mutation, how can he protect the rights of Pakistan through his negligent acts. If Mr. Imran did not know this flaw, the arrow has left the bow, after mutation took effect on the affidavit that contained the word “benami” it has become fact in the law. If, at all, Imran Khan is a pious soul on earth, he is a simpleton pious that can be easily fooled by persons inside the country and outside as well. In all fairness, he does not deserve to be given such a sensitive post of PM which might be disastrous for Pakistan.
A clerical error and resulting oversight from Imran Khan who obviously had expected the draft to have been prepared correctly can be classified as a mistake, not a wilful and sinister act. Calling him a simpleton based on this and saying he can be easily fooled by people is really clutching at straws. As if the other people up for the premiership have exceedingly high levels of intellect and are immune to being fooled.
You’re assuming the candidates for PM of Pakistan are never supposed to have made a minor mistake in their lives which is unrealistic. Far more important is the wilful act of evading taxes and financial corruption that have been alleged on his opponents by sources internationally. As is often the case with certain parties in this country, you fail to assign correct priorities.
In reply to Rakhshunda Naz:
We have not forgotten Shaukat Khanum Hospital and Nimal University. But, we have also not forgotten Abdul Sattar Edhi and Ansar Burni. Social works have nothing to do with politics. It is quite a different ball game. You pull their legs they pull your legs. For 15 years or so, Imran has been pulling his opponents legs – now it is their turn.
Social work is a professional and academic discipline that seeks to improve the quality of life and wellbeing of an individual, group, or community by intervening through research, policy, community organizing, direct practice, and teaching on behalf of those afflicted with poverty or any real or perceived social injustices and violations of their human rights. Research is often focused on areas such as human development, social policy, public administration, psychotherapy, program evaluation, and international and community development.^
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