IHC hands Imran temporary relief

Suspends non-bailable warrants till 13th; orders PTI chief to appear before sessions court on same date

ISLAMABAD:

Giving temporary relief to PTI Chairman Imran Khan, the Islamabad High Court on Tuesday suspended the non-bailable arrest warrants against him issued by a district and sessions court in the Toshakhana (gift repository) reference by March 13.

The IHC also directed the deposed premier to appear before the district and sessions court on the same day.

The judgment, which was reserved earlier in the day, was announced by IHC Chief Justice Aamer Farooq.

Lawyer Ali Bukhari filed the petition on behalf of Imran, requesting the cancellation of the warrants, maintaining that their issuance was “illegal”.

However, the court noted that the warrants were not issued for arrest but to indict Imran in the Toshakhana case.

Imran, who suffered injuries during an assassination attempt last year in Wazirabad, has continuously refrained from appearing before the district and sessions court in the Toshakhana case against him, citing security threats.

Imran faces charges of concealing the details of the gifts he had retained from the Toshakhana in his assets declarations.

After his indictment was deferred twice before, the sessions court was set to frame charges against the PTI chief in the Toshakhana case on February 28.
However, his lawyer asked the judge that his client should be exempted from the hearing because he had to appear in many other courts.

Additional District and Sessions Judge Zafar Iqbal then issued non-bailable arrest warrants for the PTI chief and adjourned the hearing till March 7.

On March 5, a team of the Islamabad police went to Lahore to arrest Imran with the court orders.

However, it was unable to execute the order after the PTI chief managed to escape being arrested.

Imran later approached the sessions court for the cancellation of the arrest warrants, contending that their withdrawal would enable him a fair opportunity to appear and defend himself in the case.

The sessions judge, however, rejected his request a day earlier and upheld the warrants.

He ruled that Imran had “wilfully avoided” appearing before the court.

During the hearing at the IHC, Imran’s legal team requested that the high court should grant the PTI chief a period of four weeks to appear before the district court.

The IHC CJ noted that he could not grant Imran four weeks’ time. He added that he could also not suspend the trial court’s proceedings.

The court informed Imran’s lawyers that the next hearing would be held on March 9 (Thursday) at 3pm.

Justice Farooq observed that if the PTI chief would manage to come to the IHC on March 9, then he could appear before the sessions court as well.

To this, Imran’s lawyer said the high court was not a problem. Rather, the location of the district court was the issue.

The IHC CJ remarked that even after four weeks, Sector-F8 – the location of the sessions court – would remain the same.

The PTI lawyer said Imran was facing severe security threats.

To this, Justice Farooq replied that everybody was receiving threats these days.
The judge pointed out that the Islamabad police chief had told him that there were threats to the lives of judges as well.

He added that the lives of thousands of people who came to court were “equally important”.

The IHC CJ maintained that there was a rush wherever district courts were.
Islamabad Advocate General Jahangir Khan Jadoon said the PTI was talking about security threats while Imran was preparing for an election rally.

However, Justice Farooq noted that he did not wish to discuss any political matters.

After being called to the rostrum again, the Islamabad AG said Imran could appear before the sessions court in the morning and come to the IHC by 3pm.

Imran’s lawyer argued that he had reservations about the security of his client.

To this, Justice Farooq observed that the sessions court would assure the provision of proper security.

Subsequently, the court reserved its decision in the matter.

Earlier in the day, Imran again refrained from appearing before the Islamabad district and sessions court in the Toshakhana case against him, because of his “injuries”.

The former premier’s lawyer Sher Afzal Marwat appeared before the court.

He told the judge that Imran was unwell and “disabled” after his leg was shot in the Wazirabad attack. He added that a global “circus” in connection with his client’s arrest could be seen by everybody in the world.

Marwat maintained that he would provide the power of attorney within “a day or two” and that Imran’s legal team was currently at the IHC.

The lawyer requested that the court should give a date for the next week to hear the matter.

The Election Commission of Pakistan's (ECP) lawyer requested that the hearing be adjourned to March 9, to which PML-N leader Mohsin Shahnawaz Ranjha said  Imran had to appear before the IHC on that date.

The ousted premier’s lawyer said he was told that it would be easier for the PTI chief to appear before the sessions court next week.

Judge Iqbal remarked that in other words, Imran would not appear before the sessions court even on March 9.

Taking the rostrum, Ranjha said action should be taken according to law, questioning if a common citizen was also given such relief from appearing before a court.

He added that a continuous exemption application was being filed on behalf of Imran, and the exemption was also granted.

The ECP lawyer said Thursday should be the deadline for submitting the PTI lawyer’s letter and conducting the next hearing.

Judge Iqbal noted that the proceedings of not a single case had carried on for so long in the court. “Imran Khan appeared before other courts but not the sessions court even though his exemption requests were repeatedly accepted,” he added.
The judge then instructed Marwat to submit his power of attorney in court and adjourned the hearing till 2pm.

When the hearing resumed, Marwat and Faisal Chaudhry appeared on Imran’s behalf.

Marwat told the court that a petition for cancelling the arrest warrants issued for Imran had been filed in the IHC.

The lawyer further said that there were several other reasons for Imran’s failure to appear before the court.

He added that Imran had said on several occasions that his life was in danger. Marwat noted that an attack had also taken place earlier at an Islamabad district court.

He added that there was also a threat to the lives of lawyers, judges and citizens.
The judge replied that arranging security was the court’s responsibility.

He proposed adjourning the hearing till March 9, saying that he would issue the necessary directives for ensuring security for Imran.

Imran’s lawyer Faisal said there was a high chance of the PTI chief being attacked during a sessions court appearance.

PML-N’s Ranjha sarcastically replied that Imran should hand himself over to the police, who would then present him before the sessions court.

The other option, he quipped, was that the PTI chief could be brought to the court in an armoured personnel carrier.

The court later adjourned the hearing until the IHC decided the petition filed by the PTI chief seeking cancellation of the arrest warrants.

Separately, the IHC would hear the arguments on the maintainability of a plea against Imran for not disclosing his alleged daughter, Tyrian, in his nomination papers, on March 9 (Thursday).

A larger bench of the IHC comprising its CJ Farooq, Justice Mohsin Akhtar Kayani and Justice Arbab Muhammad Tahir will hear the matter.

The petitioner has sought the disqualification of Imran for concealing his alleged daughter in the papers.