Court rejects PTI plea in Nov 26 case

Cites repeated failure of PTI chairman to record statement, lack of supporting evidence

ISLANAABAD:

An Islamabad additional district and sessions court dismissed a private complaint filed by the PTI against Prime Minister Shehbaz Sharif, some key ministers and policemen over allegations of killing party workers during the November 26, 2024 protest at Islamabad D-Chowk.

Additional Sessions Judge Muhammad Afzal Majoka dismissed the complaint after PTI Chairman Barrister Gohar Ali Khan repeatedly failed to record his statement under Section 200 of the CrPC.

In his 17-page order, the judge observed that the complaint had been filed on December 14, 2024, but Gohar was not present on the date of filing.

"On sixteen dates of hearing, the cursory statement of the complainant has not been recorded. On thirteen dates of hearing, adjournments were sought on behalf of the complainant for recording his cursory statement, which were granted," the order stated.

The court observed that under Section 200(2) CrPC, adjournments may be granted subject to payment of costs of not less than Rs10,000. It noted that the court had shown leniency and imposed no costs despite the complainant's repeated failure to record his statement or produce preliminary evidence.

The order said that on the previous hearing, the complainant had been directed to record his statement, failing which "the law would adopt its own course."

At the latest hearing, Advocate Sardar Khurram Latif Khan Khosa sought another adjournment, arguing that senior counsel Sardar Muhammad Latif Khan Khosa was on general adjournment.

The judge noted that the counsel was asked to produce an approved application showing that senior lawyer was on general adjournment but he failed to do so.

"No approved application for general adjournment of learned senior counsel has been submitted in the court. No justification is available for further adjournment. Accordingly, the request for adjournment on behalf of the complainant is declined," the order said.

The court said that despite numerous opportunities, the complainant had not made any statement before the court and was therefore left to examine only the contents of the complaint and the material placed on record.

It observed that Gohar had nowhere claimed that he was an eyewitness to the alleged incident.

The order noted that in paragraph seven of the complaint, Gohar alleged that Khyber-Pakhtunkhwa Chief Minister Sohail Afridi and several provincial ministers were eyewitnesses, but none of them appeared before the court to record a preliminary statement in support of the complaint.

The court further observed that the central allegation against the respondents was that they had ordered or carried out firing on PTI protesters.

Although the complaint mentioned the names of 38 injured persons, none of them was produced before the court to record a preliminary statement. Similarly, the order said no medico-legal reports were placed on record to support the allegations regarding the injured.

The complaint also referred to 12 persons who allegedly died during the incident, but the court noted that no postmortem reports had been produced.

The judge observed that in paragraph 13 of the complaint, the complainant had stated he was pursuing postmortem reports, medico-legal reports and other evidence through the legal process and had undertaken to produce them before the court. However, the order noted that despite the lapse of about 19 months, no such reports had been produced.

The court observed that to substantiate such allegations, it had to be established that the deaths occurred due to violence attributable to a particular person. "Nothing has been brought on record that twelve persons died due to unnatural death or violence," the order said.

The judge emphasised the importance of forensic and medico-legal evidence in criminal proceedings, observing that forensic medicine plays a pivotal role in the criminal justice system and forms part of the right to a fair trial guaranteed under Article 10-A of the Constitution.

It also noted that no death certificates or postmortem reports had been attached with the complaint.

The court further observed that the complaint itself stated that former K-P chief minister Ali Amin Gandapur, former NA opposition leader Omar Ayub and former first lady Bushra Bibi were inside the bulletproof container that allegedly came under attack and was later burnt.

According to the judge, these individuals were described by the complainant as eyewitnesses but none appeared before the court to record statements in support of the allegations. The order further stated that no calendar of witnesses had been filed along with the complaint.

The court also addressed the complainant's allegation that hospitals had refused to cooperate in providing postmortem reports and had handed over the bodies after obtaining written declarations from the legal heirs that the deceased had died in accidents.

The judge observed that even if this allegation were accepted for the sake of argument, the legal heirs remained free to obtain postmortem examinations from hospitals of their choice. It stated that even after burial, an application for exhumation could have been filed to determine the actual cause of death.

"If twelve persons had died due to violence, the complainant or others could have moved an application for disinterment of their dead bodies before the learned Magistrate to determine the cause of death."

It held that the complainant had failed to append any material sufficient to justify proceeding with the case. The order noted that although photocopies of newspaper clippings in three volumes had been attached, no video footage or USB containing evidence of the alleged incident had been submitted.

It also observed that the complaint did not identify the journalists or other individuals who had reported the alleged incident.

On November 26, 2024, LEAs cracked down on PTI protestors who had converged on Islamabad to pressure the PML-N government into releasing Imran Khan.

The PTI had later claimed at least a dozen of its workers had died in a brutal state crackdown. The party later filed a complaint against PM Shehbazf, Interior Minister Mohsin Naqvi, Information Minister Atta Tarar, Defence Minister Khawaja Asif, Islamabad IG Syed Ali Nasir Rizvi and others.