Islamabad Excessive Courtroom halts Imran’s arrest

Chief Justice Aamer Farooq pronounces verdict n Directs PTI Chairman to seem earlier than trial court docket on March 13 n LHC sustains objection on Imran’s plea towards ban on airing speeches n District court docket summons ex-PM for indictment in Toshakhana case on March 13 n ECP points bailable arrest warrants for Imran in contempt case.

 

ISLAMABAD    –    The Islamabad Excessive Courtroom (IHC) Tuesday suspended non-bailable arrest warrants issued towards Chairman Pakistan Tehrik-e-Insaf (PTI) Imran Khan by a district and classes court docket within the Toshakhana reference until March 13.

A single bench of IHC compris­ing Chief Justice of IHC Justice Aamer Farooq carried out listening to of Khan’s petition difficult is­suance of his non-bailable arrest warrants by Extra Periods Choose Zafar Iqbal within the Toshakha­na case and accepted the identical di­recting the PTI chairman to en­certain that he seems earlier than the decrease court docket on March 13.

IHC Chief Justice Aamer Farooq introduced the decision after it was reserved earlier within the day hear­ing the arguments of each the perimeters. Justice Aamer famous 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,” stated 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 classes court docket was set to indict Imran within the Toshakhana Reference on February 28 however his lawyer had requested the decide that he be exempted from the listening to as a result of he needed to seem in a number of different courts. His indictment was deferred twice earlier than. Then, the decide had issued arrest warrants for Imran and adjourned the hear­ing until March 7.

Within the petition filed within the IHC, Khan prayed that the classes court docket’s February 28 and March 6 orders be put aside in order that he may have a “fair opportunity” to seem in court docket and defend himself.

Throughout the listening to, Imran’s attorneys together with Ali Bukhari and Qaiser Imam urged the court docket to cancel the PTI chief’s arrest warrants. Imam stated in his arguments that an try on the PTI chief’s life was extremely doubtless throughout his look on the native court docket.

The IHC Chief Justice re­marked that the arrest struggle­rant had been issued to make sure Khan’s presence and never for his arrest. He added that Imran ought to have appeared earlier than the court docket. He requested Khan’s legislation­yers to counsel a option to sum­mon the deposed premier to the court docket. Issuing arrest warrants is the one manner within the legislation to en­certain a suspect’s look in court docket, he added.

In the meantime, the Lahore Excessive Courtroom (LHC) on Tuesday sus­tained an workplace objection to a petition filed by Pakistan Teh­reek-e-Insaf Chairman Im­ran Khan difficult Pakistan Digital Media Regulatory Authority’s (PEMRA) ban on broadcast of his dwell and file­ed speeches.

The LHC registrar workplace had put an objection to the petition, saying that the petitioner had not connected 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 listening to ar­guments of Imran’s counsel.

On March 5, the PEMRA had imposed a ban on airing the speeches of the PTI chairman resulting from his provocative state­ments towards the state institu­tions. In the meantime, the district court docket on Tuesday summoned Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in per­sonal capability on March 13 for indictment within the Toshakhana case. Extra Periods Choose Zafar Iqbal took three reces­sions in the course of the listening to of the case filed by the District Elec­tion Commissioner Islamabad as Imran Khan’s attraction towards the issuance of his non-bailable warrants was being heard by the Islamabad Excessive Courtroom.

When the court docket was instructed concerning the suspension of Imran Khan’s arrest warrants by the IHC, it issued a summon discover for the accused for indictment on March 13. 

Earlier, in the course of the listening to, the decide indicated for fixing the case on March 9, as Imran Khan was going to seem earlier than the excessive court docket on the identical date, and he would difficulty orders to the Is­lamabad Police and Inside Ministry for safety prepare­ments. The personal safety group of the PTI chief may re­view the safety preparations on the district courts, he added.

Imran Khan’s lawyer Sher Afzal Murawat pleaded that his shopper couldn’t seem earlier than the court docket resulting from sure rea­sons. Imran Khan had repeated­ly highlighted safety threats to his life and furthermore, his ap­pearance in court docket would put the lives of residents, attorneys and judges in danger as properly, he added.

The decide, nevertheless, noticed that it was the court docket’s respon­sibility to make sure safety ar­rangements. 

Earlier, the decide additionally requested concerning the guarantor on the non-appearance of Imran Khan. The guarantor was certain to supply the accused earlier than the court docket, he noticed. 

The ECP lawyer stated the authorized group of Imran Khan ought to have knowledgeable concerning the non-appear­ance of the accused within the morn­ing to keep away from wastage of time. 

Imran Khan’s lawyer prayed the court docket to adjourn the case until subsequent week, citing the well being is­sues of his shopper. 

Barrister Mohsin Shahnawaz Ranjha requested the court docket to repair the case for March 9 because the PTI chief would certainly seem earlier than the IHC on that day.

The court docket held recessions thrice because of the listening to of IHC bench within the case and lat­er summoned Imran Khan on March 13, after the excessive court docket issued verdict.

Menwhile, the Election Com­mission of Pakistan (ECP) on Tuesday issued bailable ar­relaxation warrants for Pakistan Teh­reek-e-Insaf (PTI) Chairman Imran Khan and former federal minister Chaudhry Fawad Hus­sain in a case associated to “con­temptuous” remarks towards 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 didn’t ap­pear earlier than it.

In keeping with the ECP verdict, the bailable warrants could be executed by way of the Inspector Normal of Police, Islamabad.

and the leaders had been required to submit a surety bond of Rs 50,000 every.

The Fee directed the Islamabad Police chief to en­certain compliance of the warrant on March 14.

On the final 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 stated.

Earlier in August 2022, the ECP issued notices to Imran Khan and others for allegedly utilizing “intemperate” language towards Chief Election Commis­sioner (CEC) Sikander Sultan Raja and the electoral watch­canine. The PTI leaders repeated­ly lambasted the Fee and termed the electoral physique a “subsidiary of the Pakistan Mus­lim League-Nawaz”.

On January 17, the Commis­sion had reserved its verdict within the contempt case towards Im­ran Khan and different occasion lead­ers, together with Chaudhry Fawad and Asad Umar, after they failed to seem earlier than it regardless of a fi­nal warning.