Toshakhana case: Court restores Imran’s non-bailable arrest warrant
PTI Chairman Imran Khan is addressing supporters via video link on Feb 4, 2023. PHOTO: PTI/SOCIAL MEDIA
An Islamabad sessions court on Monday rejected Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan's exemption from appearance plea and restored his non-bailable arrest warrant in the Toshakhana criminal proceedings case.
Additional Sessions Judge Zafar Iqbal announced the verdict and ordered the former prime minister to appear in court on March 18.
Earlier in the day, the court had reserved its verdict on the PTI chief's request for exemption from attendance in the Toshakhana criminal proceedings case.
At the onset of the proceedings, the former prime minister’s lawyer, Khawaja Haris, presented his arguments and informed the court that Imran has decided not to appear in the session court today due to 'security threats'.
Haris also raised an objection to the criminal proceedings being admissible and requested the Election Commission of Pakistan (ECP) to dismiss the complaint.
Raising legal questions on the electoral watchdog’s complaint, Haris argued that the law was not taken into account while sending a complaint against the PTI chief.
Read Imran evades arrest in Lahore, demands 'public trial' of Toshakhana case
He furthered that under the Election Act 2017, there are different aspects of the law, adding that criminal action can be taken within 120 days of submission of the nomination form.
Haris then read the decision of the Islamabad High Court (IHC) and said that the court wrote that the warrant for Imran was issued to ensure his attendance.
“In order to meet the fair trial requirements, the court must first decide on admissibility,” he argued.
After the arguments of the ousted premier’s lawyers were concluded, ECP’s lawyer Saad Hassan presented his arguments.
Hassan maintained that the PTI chairman’s arrest warrant is still on-field, adding that the IHC had rejected his plea regarding the warrant.
The electoral body's counsel added that IHC gave Imran some time to appear before the concerned court, adding that the court had suspended the order only for a few days. He added that until the warrant is executed or the former prime minister returns to the court, the warrant is on-field.
Hassan further stated that the IHC said that if Imran does not appear in court, then the court will 'look according to the law', and looking according to the law means that the court will also look into the issue of it being admissible.
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Judge Zafar Iqbal then inquired whether the ECP needed more time regarding the application being admissible. To this, Hassan said he does need more time.
Haris then maintained that the person who filed the complaint was not authorized and did not have authority, therefore, the court should hear the case today and decide on the petitions.
Imran’s lawyer added that if the ECP is asking for more time, then how can the case proceed until it is decided whether the case is admissible or not?
After hearing the arguments, Judge Iqbal reserved his decision on Imran’s request for exemption from attendance.