ISLAMABAD: A senior counsel representing former prime minister and Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan on Saturday requested the Supreme Court not to fix the contempt case moved by the federal government against his client for the time being.

The application has been moved just a day before a five-judge bench, headed by Chief Justice of Pakistan Umar Ata Bandial, is likely to resume the contempt proceedings against Mr Khan and his two counsel, Babar Awan and Faisal Fareed, for their alleged violation of the SC order and ‘undertaking’ regarding the May protest venue.

A visibly disturbed apex court over the apparent breach of trust committed by the PTI on May 25, in spite of categorical assurances given by its two counsel, had directed the party leadership last week to submit fresh replies in the contempt case instituted against its leadership.

In the fresh application, senior counsel Salman Akram Raja, who is representing Imran Khan in the case, recalled how on November 2, the counsel was directed to file a full response on behalf of Mr Khan after receiving instructions from his client.

Says it’s impossible for him after Wazirabad shooting to furnish PTI chief’s response on time set by apex court

The lawyer, however, explained that the Nov 3 incident of firing in Wazirabad resulted in hospitalisation of the PTI chief. Therefore, he said, it was not possible for him to file his client’s response as desired by the SC to be filed by Saturday.

Moreover, the application said Mr Khan might undergo further surgery.

In its Oct 26 order, the SC observed it was necessary to seek for factual aspect of the breach of earlier undertaking and had ordered its office to furnish federal government’s contempt petition and complete reports of the Islamabad Capital Territory, Intelligence Bureau (IB) and the Inter-Services Intelligence (ISI) to the PTI leaders. The reports were submitted to the court, in response to the court direction to explain at what time PTI chairman Imran Khan had asked party workers to reach D-Chowk in violation of the SC direction to hold the rally at the H-9/G-9 ground.

In his Oct 31 response, ex-PM Khan claimed he was not aware of any undertaking made before the Supreme Court on his or his party leadership’s behalf that the May 25 “Azadi March” would not proceed to Islamabad’s D-Chowk.

“The answering respondent respectfully submits that he was not aware of any statement or undertaking having been made before this Honourable Court on behalf of the ‘senior leadership of the PTI’ or on his behalf during the course of May 25 nor of the details, including as regards the D-Chowk area of the order passed by this Honourable Court around 6:00pm on May 25,” said a two-page reply filed on behalf of the ex-premier.

The two-page reply was furnished before the SC in response to the court direction to Mr Khan and his counsel Babar Awan and Faisal Fareed. However, to file a reply in the case as desired by the SC through its Oct 26 order, Mr Khan requested the court to grant him time till Nov 3.

The PTI chief also claimed he held the apex court in highest regard, would never ‘knowingly’ violate commitment made to SC.

The statements were filed to counter the allegations levelled by Additional Attorney General Chaudhry Aamir Rehman that the PTI leadership had violated the earlier assurances held out to the court on May 25 that the PTI would remain confined to the ground, between sectors G-9 and H-9, and would not reach D-Chowk.

Published in Dawn, November 6th, 2022