Imran Khan approaches LHC as Islamabad court rejects his pre-arrest bail n IHC bars banking court decision on PTI chief’s bail, seeks fresh medical reports.

ISLAMABAD/LAHORE     -    The Islamabad High Court (IHC) on Wednesday stopped the banking court from deciding the pre-arrest bail of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in prohibited funding case and sought his fresh medical reports on next hearing.

A two-judge bench, comprising Justice Mohsin Akhter Kayani and Justice Tariq Mehmood Jahangiri, heard the petition of Imran Khan, challenging the orders of banking court regarding summoning him in personal capacity. The division bench heard the case along with the objections raised by the Registrar office against the plea. Petitioner’s lawyer Barrister Salman Safdar took the stance that his client had already appeared in the court of special judge central and he also wanted to appear again. He said that if an accused appeared before the court, then he could be granted exemption from appearance in next hearing as per the recent judgment of the top court.

The lawyer said that his client couldn’t travel due to the injured leg, adding that the Registrar Office raised objection of biometric verification. Imran Khan would be able to walk till the end of this month as per his doctors, he said.

The court temporarily removed the objection of Registrar office and instructed it to fix the case again for hearing after adding diary number. Justice Jahangiri observed that PTI’s chief had sought eight times adjournment in the case. Justice Kayani asked whether the petitioner wanted this court to stop the decision of banking court.

The petitioner’s lawyer said that his client was given interim bail on October 17, while the incident of Wazirabad had taken place on November 3. He said that his client had given applications for exemption from attendance two times before the incident and six times after it.

The lawyer said that Imran Khan never hesitated to appear before the courts but now medical ground was before the court. After the arguments, the court stopped the banking court from taking decision till the next date and also sought the fresh medical report of Imran Khan on February 22.

It may be mentioned that the Registrar office had raised three objections on the petition of Imran Khan including biometric, unverified affidavit of Imran Khan and adding the name of special judge central in the case.

The bench temporarily granted exemption from biometric and also instructed the petitioner to verify his affidavit from Lahore High Court (LHC) instead of oath commissioner.

The banking court had granted the last opportunity to Imran Khan for appearing in prohibited funding case, lodged by FIA against him and others. However, the former prime minister had challenged the orders before IHC.

‘Pre-arrest bail dismissed’

Also, the Islamabad Anti-Terrorism Court (ATC) Wednesday rejected the pre-arrest bail of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan due to his continuous disappearances in a case pertaining to violation of Section 144 on account of staging a protest outside the Election Commission of Pakistan (ECP) against its decision in the Toshakhana case.

ATC Judge Raja Jawad Abbas heard the case. Advocates Dr Babar Awan and Ali Bokhari appeared before the court on behalf of the PTI’s chief. During the course of proceedings, Imran Khan’s lawyers submitted an application seeking a onetime exemption from appearance for his client on medical grounds. The court, however, rejected the request and then took a break for some time.

Later, Dr Babar Awan stepped up to the rostrum and read out the contents of the first information report registered under Section- 144 and said the court had already accepted the bail of other accused in the case. He also prayed to the court to exclude the sections of the Anti-Terrorism Act (ATA) from the FIR. The court observed that it was hearing the bail petition, and there were clear instructions of the high court that the trial court could not decide the issue relating to the ATA clauses until the case challan was submitted. Baber Awan said the Additional Sessions Judge had granted interim bail to Imran Khan till February 27. His client had tried to attend the proceedings, but he could not travel for the purpose, he added. He prayed the court to grant a last chance to his client and issue his summon notice, and they were even ready to submit surety bonds.

The court said if it gave relief to one accused for a bullet injury then it would have to give relief to others as well. If the petitioner did not take back his bail case then it would pass an order. The accused could even get protective bail from the Lahore High Court. The court subsequently rejected the bail petition of Imran Khan.

‘Ex-premier app roaches Lahore High Court’

Hours after an Islamabad anti- terrorism court rejected PTI chief Imran Khan’s interim bail in a case pertaining to a protest outside the Election Commission (ECP), the ex-premier approached the Lahore High Court (LHC) seeking protective bail.

Subsequently, Imran petitioned the LHC for a protective bail. The petition was submitted by Imran’s counsels Advocates Malik Ghulam Abbas Nissoana, Muhammad Farooq Khokhar, Rashid Gill, Muhammad Aadil Khan and Ch Asghar Ali.

In the petition, Imran said that the Islamabad court did not grant him an exemption from appearance on the basis of medical grounds, and rejected his request for an extension in his interim bail.

“I have to submit a bail petition again in the Islamabad ATC,” he stated in the petition and prayed to the Lahore High Court to “approve the protective bail for the surrender to take place in the concerned court.”

A one-judge bench headed by Justice Tariq Saleem Sheikh heard the case.

During the hearing, Imran’s lawyer told the court that “it is difficult [for Imran] to walk around according to his medical report,” he said, insisting that “Imran Khan wanted to appear before the court.” The judge said that the “law is equal for everyone” and that it was imperative for the suspect to be present in court.

“In principal, I should dismiss this petition but I am making a concession,” he said. Justice Sheikh urged the petitioner’s counsel to bring Imran in court by 8pm, following which the hearing was adjourned.

Once the hearing resumed, PTI leader Fawad Chaudhry appeared before the court and said that the court had advised the ex-premier to rest. He further said that there were concerns regarding Imran’s security. However, Justice Sheikh said he could not hear Fawad’s arguments as he was “not in uniform”. The judge again stated that it was mandatory for the suspect to be present while seeking protective bail.

At this, Imran’s counsel said that he could present his client through video link. However, Justice Sheikh said that the “proper procedure should be followed”.

“If you give me a guarantee that the petitioner will be present in court, I will adjourn the hearing till the morning,” he said. “Bring him on a stretcher or in an ambulance. Bail will not be granted without him being present in court,” the judge added. When the hearing resumed after a short break, Justice Sheikh again asked about Imran’s whereabouts.