Chief Justice Aamer Farooq announces verdict n Directs PTI Chairman to appear before trial court on March 13 n LHC sustains objection on Imran’s plea against ban on airing speeches n District court summons ex-PM for indictment in Toshakhana case on March 13 n ECP issues bailable arrest warrants for Imran in contempt case.
ISLAMABAD - The Islamabad High Court (IHC) Tuesday suspended non-bailable arrest warrants issued against Chairman Pakistan Tehrik-e-Insaf (PTI) Imran Khan by a district and sessions court in the Toshakhana reference till March 13.
A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq conducted hearing of Khan’s petition challenging issuance of his non-bailable arrest warrants by Additional Sessions Judge Zafar Iqbal in the Toshakhana case and accepted the same directing the PTI chairman to ensure that he appears before the lower court on March 13.
IHC Chief Justice Aamer Farooq announced the verdict after it was reserved earlier in the day hearing the arguments of both the sides. Justice Aamer noted in his written order, “Even though, no illegality, as such, has been pointed out by learned counsel for the petitioner in the impugned orders; it is only appropriate in the interest of justice that an opportunity is allowed to the petitioner for making appearance without the hanging sword of relevant police officer arresting him to produce before the court or initiation of procedure under sections 87 & 88 of the Code.”
“For the above reasons, non-bailable warrants of arrest issued to procure attendance of the petitioner shall remain suspended/in abeyance till 13.03.2023, on which date, the petitioner shall positively appear before learned trial court to face the proceedings. In case, the petitioner does not tender appearance on the date in question, suspension shall cease to have effect and the learned trial court shall be at liberty to proceed in accordance with law,” said Justice Aamer.
The IHC bench added, “However, as is obvious from order dated 06.03.2023 by the learned trial court and even at Bar today, willingness was shown on behalf of petitioner regarding entering appearance before learned trial court provided four weeks time is allowed; the time offered on behalf of petitioner to enter appearance before learned trial court is unreasonable but in order to meet the ends of justice, it is only appropriate that some time is allowed to the petitioner to enter appearance before learned trial court before proceedings are initiated to declare him as a ‘proclaimed offender’.”
The sessions court was set to indict Imran in the Toshakhana Reference on February 28 but his lawyer had requested the judge that he be exempted from the hearing because he had to appear in several other courts. His indictment was deferred twice before. Then, the judge had issued arrest warrants for Imran and adjourned the hearing till March 7.
In the petition filed in the IHC, Khan prayed that the sessions court’s February 28 and March 6 orders be set aside so that he could have a “fair opportunity” to appear in court and defend himself.
During the hearing, Imran’s lawyers including Ali Bukhari and Qaiser Imam urged the court to cancel the PTI chief’s arrest warrants. Imam said in his arguments that an attempt on the PTI chief’s life was highly likely during his appearance at the local court.
The IHC Chief Justice remarked that the arrest warrant had been issued to ensure Khan’s presence and not for his arrest. He added that Imran should have appeared before the court. He asked Khan’s lawyers to suggest a way to summon the deposed premier to the court. Issuing arrest warrants is the only way in the law to ensure a suspect’s appearance in court, he added.
Meanwhile, the Lahore High Court (LHC) on Tuesday sustained an office objection to a petition filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan challenging Pakistan Electronic Media Regulatory Authority’s (PEMRA) ban on broadcast of his live and recorded speeches.
The LHC registrar office had put an objection to the petition, saying that the petitioner had not attached a verified copy of Pemra’s notification with the petition. Justice Shahid Bilal Hassan took up the petition as an objection case and sustained the objection after hearing arguments of Imran’s counsel.
On March 5, the PEMRA had imposed a ban on airing the speeches of the PTI chairman due to his provocative statements against the state institutions. Meanwhile, the district court on Tuesday summoned Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in personal capacity on March 13 for indictment in the Toshakhana case. Additional Sessions Judge Zafar Iqbal took three recessions during the hearing of the case filed by the District Election Commissioner Islamabad as Imran Khan’s appeal against the issuance of his non-bailable warrants was being heard by the Islamabad High Court.
When the court was told about the suspension of Imran Khan’s arrest warrants by the IHC, it issued a summon notice for the accused for indictment on March 13.
Earlier, during the hearing, the judge indicated for fixing the case on March 9, as Imran Khan was going to appear before the high court on the same date, and he would issue orders to the Islamabad Police and Interior Ministry for security arrangements. The private security team of the PTI chief could review the security arrangements at the district courts, he added.
Imran Khan’s lawyer Sher Afzal Murawat pleaded that his client could not appear before the court due to certain reasons. Imran Khan had repeatedly highlighted security threats to his life and moreover, his appearance in court would put the lives of citizens, lawyers and judges at risk as well, he added.
The judge, however, observed that it was the court’s responsibility to ensure security arrangements.
Earlier, the judge also asked about the guarantor on the non-appearance of Imran Khan. The guarantor was bound to produce the accused before the court, he observed.
The ECP lawyer said the legal team of Imran Khan should have informed about the non-appearance of the accused in the morning to avoid wastage of time.
Imran Khan’s lawyer prayed the court to adjourn the case till next week, citing the health issues of his client.
Barrister Mohsin Shahnawaz Ranjha requested the court to fix the case for March 9 as the PTI chief would surely appear before the IHC on that day.
The court held recessions three times due to the hearing of IHC bench in the case and later summoned Imran Khan on March 13, after the high court issued verdict.
Menwhile, the Election Commission of Pakistan (ECP) on Tuesday issued bailable arrest warrants for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and former federal minister Chaudhry Fawad Hussain in a case related to “contemptuous” remarks against the election watchdog.
The order was issued by a four-member bench comprising ECP members Nisar Ahmed Durrani, Shah Mohammad Jatoi, Babar Hasan Bharwana and Justice (retd) Ikram Ullah Khan after the PTI leaders failed to appear before it.
According to the ECP verdict, the bailable warrants would be executed through the Inspector General of Police, Islamabad.
and the leaders were required to submit a surety bond of Rs 50,000 each.
The Commission directed the Islamabad Police chief to ensure compliance of the warrant on March 14.
On the last date of the hearing, neither Imran appeared himself nor his lawyer, and “we have left with no alternative except to issue a bailable warrant of arrest against respondents in the sum of Rs50,000 (fifty thousand) with two sureties in the like amount each,” the ECP verdict said.
Earlier in August 2022, the ECP issued notices to Imran Khan and others for allegedly using “intemperate” language against Chief Election Commissioner (CEC) Sikander Sultan Raja and the electoral watchdog. The PTI leaders repeatedly lambasted the Commission and termed the electoral body a “subsidiary of the Pakistan Muslim League-Nawaz”.
On January 17, the Commission had reserved its verdict in the contempt case against Imran Khan and other party leaders, including Chaudhry Fawad and Asad Umar, after they failed to appear before it despite a final warning.