A two-judge bench, headed by Justice Khadim Hussain M Shaikh, also warned to cancel bail earlier granted to the appellant in case he failed to appear in court on a date to be later notified by the office.
The judges issued this warning as they took serious exception to the absence of Khan during the hearing of his own appeal, which he had filed in 2005.
The defence lawyer Zakir Hussain said that his client had gone to Islamabad for appearance in connection with cases of the MQM-Pakistan fixed for hearing before the Election Commission of Pakistan (ECP).
The lawyer also produced a list of the cases fixed before the ECP, but the judges found out that the appellant was not nominated in either case.
Laghari said Khan, being a senior party leader, had to appear before the election body.
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Justice Shaikh remarked that the appellant may be a leader of the party, but he must not forget that he was also an accused and must appear before the court. The lawyer pleaded to excuse his client's absence and grant him time to appear on the next hearing.
Khan, then belonging to Mohajir Qaumi Movement - Haqiqi, had challenged punishment awarded by an anti-terrorism court on December 15, 2004. Three accused, Tariq alias Bata, Topi and Kala Nazim, were awarded life imprisonment, while Khan was given a 10-year sentence.
They were tried in a case of firing on workers of Muttahida during the polling in Landhi held in connection with the by-election on NA-255 on June 23, 2003.
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According to the prosecution, the firing left two workers of the Muttahida, Mohammad Naeem and Inam, dead while Mohammad Shahid had sustained injuries.
The bench granted time as a 'last chance' to the MQM leader to appear on the next date to be later notified by the office. They cautioned to cancel bail granted to him in case he failed to attend the court on the next hearing.
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