Release uncertainty surrounds Imran’s case

Lawyers believe authorities will keep PTI chief behind bars on one pretext or another


RAMEEZ KHAN August 28, 2023
A young woman chants slogans in support of Imran Khan at a rally for his party Pakistan Tehreek-e-Insaaf on May 9, 2013 in Islamabad. PHOTO: Myra Iqbal/Express

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LAHORE:

The Punjab Police have rejected the impression that they are awaiting the Islamabad High Court’s (IHC) decision in the gift repository—Toshakana case—to book former prime minister Imran Khan in the 9 May rioting case, in order to keep him behind bars.

A division bench of the IHC is expected to issue an order on the PTI chief’s appeal against his conviction in the gifts case and it may suspend the verdict of a trial court that on August 5 found Imran guilty of hiding in his statement of assets and liabilities the gifts that he bought from the state’s gift repository.

The PTI chief, who has been languishing in Punjab’s Attock Jail since August 5, may be freed in the case if the bench suspends the trial court’s order. However, many people including Imran’s lawyers believe that the PTI chief will be arrested right after his release on some other charges.

Imran Khan is facing around 180 cases, most of which registered after the countrywide riots and acts of vandalism that his May 9 arrest sparked.

An anti-terrorism court (ATC) last week allowed a joint investigation team (JIT), formed to probe the 9 May incidents, to interrogate and arrest Imran Khan. Subsequently, the JIT led by DIG Investigation Lahore Imran Kishwar quizzed Imran at Attock jail .

The police, however, did not book the former premier in the case due to an incomplete challan giving rise to rumors that police would book Imran Khan once the IHC suspends the trial court’s order in the gifts case.

Talking to The Express Tribune, JIT chief Kishwar said police will arrest Imran Khan in the case once the challan is ready, adding that it will take at least one week to complete the challan.

He said the gifts case and the 9 May case are two very different cases, and Imran’s subsequent arrest in the May 9 case will have nothing to do with the outcome of the gifts case.

“We may approach the court, once the challan is complete, to seek his arrest. We do have the permission from the ATC to arrest him, though,” he said. He termed the media reports regarding the JIT’s interaction with Imran Khan during investigation as concocted.

Latif Khosa, Imran’s senior lawyer, said given the comments of the apex court, the IHC decision to suspend the trial court order will be a no brainer but it will not mean that Imran will be released.

“Imran will be booked in some other case even if it is not the May 9 rioting case. A decision has been taken to keep Imran Khan behind bars,” he said.

Referring to cases, in which courts dismissed Imran Khan’s pre-arrest bail applications as he could not appear in the courts due to his incarceration, Khosa said they have already approached the IHC to seek relief in this matter.

“The orders to deny pre-arrest to Imran Khan was illegal, as he did not skip court hearing voluntarily. If the courts had wanted they could have secured his appearance,” he added.

Another senior lawyer Abdullah Malik said by the look of it, the police are awaiting Imran Khan’s bail in the Toshakana case, to arrest him in the 9 May case.

“If not this case, authorities might book him in some other case, or even register a new case. Even if he gets bail, he may not be released owing to a possible delay in issuance of written orders, giving authorities ample time to make their move.

“Legally, if any person gets a bail in such circumstances, all bails had been granted to him prior to his arrest in other cases also get restored. But this is not likely to happen in Imran’s case,” he said.

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