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Arrest of Imran Khan was illegal

The High Court stands at a crossroads, confronted with the pre-motivated, unprocedural, and non-maintainable decision of Judge Humayan Dilawer from the lower trial court, and the arrest of Imran Khan, deemed unlawful. In the case of Khawaja Asif's disqualification, the strict liability defense falters under the weight of conflicts of interest, materiality, design, and the nature of Mr. Asif's omissions on his nomination form and multiple tax returns. For thirty years, he has been deeply immersed in the realms of business and politics, a seasoned candidate with a record of being declared as returned candidate on multiple occasions.
The legal obligations outlined in Section 12 of the Act of 1976, pertaining to nomination procedures, ought not to be confounded with errors or omissions on an individual's tax returns. Section 111 of the Income Tax Ordinance offers no blanket immunity to any election candidate.
Concerning the jurisdiction of the High Court, Article 199(1) of the Constitution, at times, too widely and politically expediently applied, necessitates the exhaustion of alternative remedies before ordering the disqualification of a Federal or Provincial functionary. Article 199(1)(c) proclaims that any High Court order must align with the enforcement of Fundamental Rights as enshrined in Chapter 1 of Part II, rendering void any order inconsistent with those rights, including the right to a fair trial. The Act of 1976 governs the conduct of elections, and the Election Commission, established under Article 218, assumes the responsibility to safeguard against corrupt and illegal practices.
Khawaja Asif, elected to the NA 110 constituency in the general elections on 11/5/2013, took oath of office and joined the Cabinet on 8/6/2013. Upon becoming Minister of Defence on 27/11/13, his nomination paper, mandated by Section 12 of The Representations of Peoples Act 1976, should have included the declaration of his current business interests, assets, and liabilities. However, Khawaja Asif failed to furnish such crucial details.
Khawaja Asif's three separate employment contracts with the same UAE company, two of which coincided with his tenure as Finance and later Defence Minister of Pakistan, raise perplexing questions. A copy of the employment contract duly lodged with the Labor Department of the UAE Ministry sheds light on the nature of these arrangements, where he was an employee limited to 30 days of annual leave. The third contract, commencing on 31/5/2017, still during his tenure as Defence Minister, bears a logical impossibility, requiring him to work in the UAE while serving as a Management Consultant, with a substantial increase in monthly salary. The grant of a UAE residency visa, perplexingly describing him as a skilled labourer and "Concrete Mason and Shovel Operator Driver," further mystifies the situation.
The decision to disqualify Khawaja Asif, delivered on 26 April 2018, came just a week after his employer hurriedly provided a letter to the High Court, disputing his full-time employment status and asserting that he had no requirement to be present in the UAE. Additionally, Khawaja Asif's failure to declare his UAE bank account, despite the yearly statement requirement, and his unexplained restaurant venture in Abu Dhabi, coupled with unusually high remittances, intensify the veil of uncertainty.
For deliberate concealment of material facts over six years and false statements about foreign remittances in an earlier plea before the Election Tribunal, Khawaja Asif's disqualification was warranted under Article 62(1)(f). Such wilful non-disclosure and violation of his oath demanded the measure of disqualification.
As we ponder these complex provisions, let us heed the caution echoed by Hon. Mr. Justice Asif Saeed Khosa, urging the resolution of ambiguities and impracticalities. Until these matters are addressed and remedied, none should cast blame.
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BENEFIT AGM approves 10%...
- March 27, 2025
BENEFIT, the Kingdom’s innovator and leading company in Fintech and electronic financial transactions service, held its Annual General Meeting (AGM) at the company’s headquarters in the Seef District.
During the meeting, shareholders approved all items listed on the agenda, including the ratification of the minutes of the previous AGM held on 26 March 2024. The session reviewed and approved the Board’s Annual Report on the company’s activities and financial performance for the fiscal year ended 31 December 2024, and the shareholders expressed their satisfaction with the company’s operational and financial results during the reporting period.
The meeting also reviewed the Independent External Auditor’s Report on the company’s consolidated financial statements for the year ended 31 December 2024. Subsequently, the shareholders approved the audited financial statements for the fiscal year. Based on the Board’s recommendation, the shareholders approved the distribution of a cash dividend equivalent to 10% of the paid-up share capital.
Furthermore, the shareholders endorsed the allocation of a total amount of BD 172,500 as remuneration to the members of the Board for the year ended 31 December 2024, subject to prior clearance by related authorities.
The extension of the current composition of the Board was approved, which includes ten members and one CBB observer, for a further six-month term, expiring in September 2025, pending no objection from the CBB.
The meeting reviewed and approved the Corporate Governance Report for 2024, which affirmed the company’s full compliance with the corporate governance directives issued by the CBB and other applicable regulatory frameworks. The AGM absolved the Board Members of liability for any of their actions during the year ending on 31st December 2024, in accordance with the Commercial Companies Law.
In alignment with regulatory requirements, the session approved the reappointment of Ernst & Young (EY) as the company’s External Auditors for the fiscal year 2025, covering both the parent company and its subsidiaries—Sinnad and Bahrain FinTech Bay. The Board was authorised to determine the external auditors’ professional fees, subject to approval from the CBB, and the meeting concluded with a discussion of any additional issues as per Article (207) of the Commercial Companies Law.
Speaking on the company’s performance, Mr. Mohamed Al Bastaki, Chairman BENEFIT , stated: “In terms of the financial results for 2024, I am pleased to say that the year gone by has also been proved to be a success in delivering tangible results. Growth rate for 2024 was 19 per cent. Revenue for the year was BD 17 M (US$ 45.3 Million) and net profit was 2 Million ($ 5.3 Million).
Mr. Al Bastaki also announced that the Board had formally adopted a new three-year strategic roadmap to commence in 2025. The strategy encompasses a phased international expansion, optimisation of internal operations, enhanced revenue diversification, long-term sustainability initiatives, and the advancement of innovation and digital transformation initiatives across all service lines.
“I extend my sincere appreciation to the CBB for its continued support of BENEFIT and its pivotal role in fostering a stable and progressive regulatory environment for the Kingdom’s banking and financial sector—an environment that has significantly reinforced Bahrain’s standing as a leading financial hub in the region,” said Mr. Al Bastaki. “I would also like to thank our partner banks and valued customers for their trust, and our shareholders for their ongoing encouragement. The achievements of 2024 set a strong precedent, and I am confident they will serve as a foundation for yet another successful and impactful year ahead.”
Chief Executive of BENEFIT; Mr. Abdulwahed AlJanahi commented, “The year 2024 represented another pivotal chapter in BENEFIT ’s evolution. We achieved substantial progress in advancing our digital strategy across multiple sectors, while reinforcing our long-term commitment to the development of Bahrain’s financial services and payments landscape. Throughout the year, we remained firmly aligned with our objective of delivering measurable value to our shareholders, strategic partners, and customers. At the same time, we continued to play an active role in enabling Bahrain’s digital economy by introducing innovative solutions and service enhancements that directly address market needs and future opportunities.”
Mr. AlJanahi affirmed that BENEFIT has successfully developed a robust and well-integrated payment network that connects individuals and businesses across Bahrain, accelerating the adoption of emerging technologies in the banking and financial services sector and reinforcing Bahrain’s position as a growing fintech hub, and added, “Our achievements of the past year reflect a long-term vision to establish a resilient electronic payment infrastructure that supports the Kingdom’s digital economy. Key developments in 2024 included the implementation of central authentication for open banking via BENEFIT Pay”
Mr. AlJanahi concluded by thanking the Board for its strategic direction, the company’s staff for their continued dedication, and the Central Bank of Bahrain, member banks, and shareholders for their valuable partnership and confidence in the company’s long-term vision.
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