ISLAMABAD - A lower court in Islamabad on Wednesday issued non-bailable arrest warrants against Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur in cases of possessing weapons illegally and recovery of liquor from him.
The court instructed the police to present the CM KPK before the court after arresting him. Civil Judge Shaista Khan Kundi heard the aforesaid case against Gandapur wherein his lawyer submitted a one-time exemption from appearance request on medical grounds for CM KPK.
The court dismissed the request for exemption from appearance and ordered the Station House Officer Bharakau to present Ali Amin Gandapur before the court after arresting him.
As the hearing began, the judge inquired about the attendance of Gandapur to which the associate lawyer said that there was a situation of flood in Peshawar. Addressing lawyer Zahoor ul Hassan, the judge said that whether he remembered what undertaking they had submitted in last hearing.
The lawyer said that his client was sick and they would submit his medical report to the court. The court said that the associate lawyer stated that there was an issue of flood and now you are giving reference to health issue. The court has also given relief to the accused in last hearing, the judge said.
The advocate said that he has to appear before courts in five cases, he just arrived here after getting free, adding that they have filed an acquittal plea in the case. Judge Shaista Kundi said that as per the judgment of the Supreme Court when the case is going towards conclusion then the acquittal matter shouldn’t be viewed. It is 8th time when the statement of section-342 was not recorded, she noted.
The court, subsequently, issued non-bailable arrest warrants against the accused and adjourned the hearing till tomorrow.
CM KP Ali Amin Gandapur has been facing trial for carrying unlicensed weapons and a bottle of liquor (Double Black) in an FIR registered on October 30th, 2016.
Advocate Raja Zahoor ul Hassan while talking to The Nation said, we will file a revision tomorrow against this order in the session court, the issuance of non-bailable warrants of arrest without following the procedure is illegal and law doesn’t permit courts to curtail liberty of the accused.
He further said according to section 76 - 1CrPC, the court issues summon first for the issuance of bailable arrest warrants. After that, bailable arrest warrants are issued, and on the third step, non-bailable arrest warrants are issued.
He also said that CP KP Ali Amin Gandapur had a lower back strain after visiting the flood-affected areas, which is why doctors told him to rest and not to travel for a week.
