No ‘tangible evidence’ against PM in parliament attack case: ATC

The nine-page detailed judgment authored by Judge Raja Jawad Abbas Hassan issued on Tuesday

ISLAMABAD:

An anti-terrorism court in detailed verdict in the 2014 Parliament House attack citing reasons for why it had acquitted Prime Minister Imran Khan noted that the prosecution was unlikely to make any headway in the case even if it had decided to proceed further as there would be “no tangible evidence”.

The nine-page judgment, authored by ATC Judge Raja Jawad Abbas Hassan, was issued on Tuesday.

The court had cleared the premier of the charges on October 29 and declared then Pakistan Awami Tehreek chairman Tahirul Qadri a fugitive.

“In the absence of direct incriminating evidence of commission of murder, attempt to murder, use of force against Police Party, causing of mischief, house tress pass, having made preparation for causing hurt, assault or use of criminal force to deter public servant, dacoity, mischief by fire or explosive against the present applicants and further absence of evidence pertaining to creation of incitement and instigation for the mob the mere bald allegation against the present applicants are insufficient and inconclusive proof of the guilt of applicants Imran Khan and Mubashir Ali,” the judgment read.

The judge further noted that even if the prosecution proceeded further and statements of all its witnesses were allowed to be recorded, there would be no probability of improvement in its case and there would be no tangible evidence.

“Since, no other material evidence has either been collected by the prosecution or likely to be produced before the Court; ergo this Court is of the considered opinion that intrinsic value of the prosecution evidence collected is not persuasive enough to warrant any conviction.”

The judge observed that it contended by the defence counsel and candidly conceded by the prosecution that the case was lodged against the backdrop of a politically motivated dispute.

“It is well-settled policy of criminal law that criminal case has to be decided on the basis of evidence collected and subsequently produced before the Court, ergo, this Court will refrain to dilate upon assertion/contention of Defence and confine itself to the extent of appreciation of facts and circumstances of the case in the light of evidence adduced by the prosecution.”

Premier Imran had urged the court to acquit him as the prosecution was no longer interested in pursuing the case.

While acquitting the premier, the court had summoned Foreign Minister Shah Mahmood Qureshi, Defence Minister Pervez Khattak, Education Minister Shafqat Mehmood and Planning Minister Asad Umar for indictment on November 21.

Provincial ministers Aleem Khan and Shaukat Yousafzai as well as former Pakistan Tehreek-e-Insaf (PTI) secretary general Jahangir Tareen have also been summoned at the next hearing.

The court also decided to halt proceedings against President Arif Alvi owing to the presidential immunity granted to him under Article 248 of the Constitution.

PM Imran, as well as other party leaders, including President Alvi, federal ministers Asad Umar, Qureshi and Mahmood, were booked by police under the Anti-Terrorism Act after being accused of attacking the Parliament House during a sit-in staged by the PTI and PAT in Islamabad in August 2014.