An anti-terrorism court in Islamabad on Wednesday rejected PTI chief Imran Khan's bail in a case pertaining to protests outside the Election Commission of Pakistan (ECP) after the former premier failed to appear before the judge.
The court also rejected a request from Imran for exemption from appearance on medical grounds, granting him the "last opportunity" to appear before it on February 15.
Islamabad police had booked the PTI chief and scores of party workers on terrorism charges in October last year in the wake of protests after his disqualification in the Toshakhana reference.
The first information report registered against the party members claimed the protestors had pelted stones at the police and FC officials, leading to many injuries.
It further stated that workers of the former ruling party tried ramming police personnel with vehicles, set public property ablaze in Faizabad, and also damaged government property.
The former premier was on interim bail in the case and the court provided him with the opportunity to appear on Wednesday.
The court released a short order: “It has transpired from the available record that multifarious opportunities have been provided to the present applicant [Imran] to put up appearance before the court but to no avail.”
It recalled that the PTI chief’s instant pre-arrest bail was preferred on Oct 24, however, he failed to appear before the court on Oct 31, Nov 21, Nov 28, Dec 9, Dec 19, Jan 10, Jan 31, Feb 10 and twice on Wednesday.
“Due to the protracted nature of the instant bail application, the matter cannot be stretched for an indefinite period, thus no further opportunity seeking dispensation from personal attendance shall be allowed,” the court said.
“Ergo, the instant application seeking dispensation from personal attendance in medical grounds for today is accordingly dismissed.”
The order further said that it is “sine qua non” (absolutely necessary) for the petitioner to put up an appearance before the court on the date when the matter was fixed for the final order.
“Therefore, instant pre-arrest bail petition is dismissed due to non-appearance of petitioner Imran Ahmed Khan Niazi,” it added.
‘Not terrorism case’
Earlier, the hearing commenced without Imran under ATC judge Raja Jawad Abbas. Imran’s lawyer Babar Awan presented his arguments and made submissions before the court.
The lawyer contended that the terrorism section did not apply to the case, highlighting that the case could be transferred to another court.
“The case against Imran was registered on the violation of Section 144,” he pointed out and added that in the view of the ATC, this was not a terrorism case.
“The court has already approved bails of other persons named in the case,” he contended while requesting that terrorism charges from the FIR should be removed.
At that, the judge said that the court was currently hearing Imran’s bail plea.
“Is the violation of Section 144 also punishable?” Awad asked and said that the additional sessions judge had granted Imran interim bail till Feb 27.
“I request the court to extend my client’s bail till then as well. Imran tried to travel but he couldn’t,” he said.
Awan went on to say that Imran “has never run away from court or the country” and appealed for a last chance. “I am ready to submit surety bonds worth Rs10,000.”
The lawyer then requested the court time to consult Imran regarding the matter after which the hearing was adjourned.
The judge stated that the merit case could not be heard without the accused present and that the current hearing was regarding the former premier’s bail application.
The lawyer maintained that Imran could not travel for 'genuine reasons' and that no recovery was needed from Imran Khan in the case. He added that Pakistan was the only country where the entire cabinet was thinking of arresting the PTI chief.
The judge stated that the court would set precedents that would be fixed forever, adding that he would give the same relief to a powerful person as he would to the common man.
LHC orders Imran to appear in court
The Lahore High Court (LHC) has refused to grant protective bail to PTI Chairman and former premier Imran Khan until he appears before the court in person.
The PTI chief had moved the LHC on Wednesday after an Islamabad anti-terrorism court earlier in the day had rejected his bail in a case pertaining to protests outside the Election Commission of Pakistan (ECP).
During the hearing, Justice Tariq Saleem Sheikh of the LHC asked Imran's counsel why his client could not appear in court.
The former premier's lawyer defended his client and presented medical reports related to his health issues.
Justice Sheikh asked Imran’s counsel to ensure his presence in the court for protective bail.
However, the lawyer stated that the former premier had been advised “complete bed rest” by the physicians for three weeks.
“But we have to proceed according to the law,” Justice Sheikh remarked, adding, “ensure the petitioner’s presence even if he is brought in ambulance”.
"If you want protective bail you have to produce the petitioner before the court. We are sitting here, you can bring the petitioner."
The petitioner’s counsel argued that Imran was not in a position to appear before the court. "We can send security guards if there is a danger to his life," Justice Tariq argued.
The lawyer requested the court to grant the petitioner protective bail from Zaman Park to Islamabad.
"We are sitting here since eight o'clock. Despite people raise objections that the court is working late at night," Justice Tariq responded.
Later, the PTI chief’s counsel left the court’s premises.
Meanwhile, PTI leader Chaudhry Fawad Hussain gave two medical reasons to the court staffers for Imran’s absence.
He said the doctors had advised the PTI chairman to take “complete rest” for two weeks and that he faced a “danger” to his life.
Recalling the last year’s attack, Fawad said the PTI chief had an assassination attempt on his life. However, he said that they would comply with what the court orders.
As the proceedings resumed after a break, the court granted an opportunity to Imran's counsels to hold consultation over legal points.
The lawyer argued that his client was unable to appear before the court due to health issues.
The proceedings were adjourned until 8:15pm.
As the proceedings started for the third time, the counsels presented judgments of the courts, saying that protective bail could be granted in such conditions.
Justice Sheikh again asked why Imran could not appear before the court. "You are saying he cannot move and I myself watch him daily on television," Justice Sheikh remarked.
The judge expressed his displeasure on the intervention of other lawyers, saying it was not a TV talk show.
He remarked that the petitioner was given an opportunity to appear before the court, but he did not.
The proceedings of the case were adjourned till Thursday (today).
The PTI chief had moved the LHC after an Islamabad ATC rejected his bail earlier in the day in the ECP protests case.
Imran was on interim bail in the case and the anti-terrorism court had ordered him to appear personally before the court, but he failed to make appearance yet again.
Islamabad police had booked the PTI chief and scores of party workers on terrorism charges in October last year in the wake of protests following his disqualification in the Toshakhana reference.
The first information report registered against the party members claimed that the protestors had pelted stones at the police and FC officials, leading to many injuries.
It further said that workers of the former ruling party tried ramming police personnel with vehicles, set public property ablaze in Faizabad, and damaged government property.
Banking court
Separately, the Islamabad High Court (IHC) stopped a banking court from passing any direction on Imran’s bail plea in the Federal Investigation Agency’s prohibited funding case against the PTI.
The PTI chairman's legal team had moved the high court against a decision passed earlier by a banking court whereby the former premier was ordered to appear before the court at 3:30 pm on Wednesday.
Justice Mohsin Akhtar Kayani and Justice Tariq Mehmood Jahangiri conducted the hearing.
Imran's lawyer sought relief from the high court in a prohibited funding case under a banking court in Islamabad.
"The interim bail was obtained on October 17, and the Wazirabad incident happened on November 3," said the lawyer, adding that the PTI leader had sought leave from the court twice before the incident and six times after it.
"Are you saying that 70 is an advanced age?" Justice Kayani inquired smiling.
Imran's lawyer maintained that at this age, wounds take longer to heal and stressed that the ousted prime minister "never shied away from appearing before courts, but now the medical grounds are for all to see".
The court requested a copy of the PTI chief's medical report and prevented the banking court from announcing its verdict until February 22.
Meanwhile, at the banking court, the judge was informed of the development at the IHC and after a brief recess postponed the hearing.
"I have confirmed," the judge explained, "we have been prevented from announcing the verdict" and adjourned the hearing till Saturday.
A certified copy of the IHC ruling is to be submitted to the banking court by February 18.
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