ISLAMABAD: The Supreme Cou­rt Bar Association (SCBA) on Wedn­esday condemned the use of excessive force against former prime minister Imran Khan in Lahore as well as alleged refusal of the government to provide adequate funds and support for holding provincial elections on the pretext of security concerns.

Such a delay amounts to open violation of the March 1 Supreme Court judgement as well as the Constitution, says a joint statement issued by the SCBA president and secretary, Abid S. Zuberi and Muqtedir Akhtar Shabbir.

Separately, members of the legal community opined that by obstructing his arrest, PTI activists and supporters were adding to their leader’s potential legal troubles.

According to senior lawyer Raja Inam Ameen Minhas, police went to Mr Khan’s residence to execute an arrest warrant issued by a competent court and he was under obligation to cooperate with them.

Lawyers say PTI supporters inviting more trouble for their leader by ‘obstructing arrest’

He said that the warrant may be discharged with the appearance of the PTI chairman in the relevant court; however, his resistance made the case more complicated as it could attract further offences from the Pakistan Penal Code (PPC) and even the Anti-Terrorism Act (ATA).

He said sections 186-188 deal with “obstructing public servant in discharge of public functions” and “disobedience to order duly promulgated by public servant”. He said that these offences entailed three to six months of imprisonment besides a Rs150,000 fine.

Moreover, violence against police officials is also an offence under subsection “n” of Section 6 of ATA, he added. Advocate Supreme Court Kashif Ali Malik said that in addition to the above-mentioned offences, obstructing arrest is itself an offence.

He cited PPC sections that may be invoked against the protestors and Mr Khan, including Section 172 (abs­c­o­nding to avoid service of summons or other proceeding), Section 173 (preventing service of summons or other proceeding, or preventing pub­lication thereof), Section 174 (non­-attendance in obedience to an order from public servant), Section 212 (harbouring offender), and Sec­tion 225 (resistance or obstruction to lawful apprehension of another person).

SCBA demand

The SCBA statement said it was high time that all stakeholders sit together and amicably resolve their political differences in accordance with the law in the best interest of the country.

The statement said the association stood for the rule of law and the Constitution and dignity of the judgements or order of the courts.

“We condemn all violations of law and any excesses committed by law-enforcement agencies or anybody who has taken the law in their own hands,” the statement said.

Any form of violence is not acceptable in a democratic country governed by rule of law and the Constitution.

The use of excessive force against former prime minister Imran Khan was also highly condemned, the statement said, regretting the method of service of warrants as highly arbitrary, vindictive and not in accordance with law. Therefore, such violence must be stopped forthwith, the SCBA suggested.

It said the government must focus on ensuring that the Supreme Court’s judgement is implemented.

In its March 1 order, the Supreme Court ordered the Election Commission of Pakistan to propose a date to President Dr Arif Alvi for holding elections in Punjab that is compliant with 90-day deadline.

Published in Dawn, March 16th, 2023