LAHORE: An anti-terrorism court (ATC) has observed that the PTI founding chairman, Imran Khan, is not entitled to the relief of pre-arrest bail in cases of May 9 riots as he allegedly hatched a conspiracy along with other party leaders and activists with a common object of “waging war against the state”.

ATC-I Judge Khalid Arshad had on July 9 dismissed the pre-arrest bail petitions of Imran Khan in three cases of May 9 riots, including the one registered over an attack on the residence of the Lahore corps commander.

A four-page written order issued by the court says, “an extra ordinary concession of pre-arrest bail is meant for an innocent person and not the petitioner who hatched, materialised the alleged criminal conspiracy along with the senior PTI leadership and protesters/accused having common object to wage war against the state to topple the government.”

The judge noted that the statements of two prosecution witnesses alleged the petitioner/Imran Khan on May 7, 2023 from 5:15pm to 6:00pm had a meeting at Zaman Park with 15 senior PTI leaders and instructed them that he had apprehension of arrest on May 9, at Islamabad.

“On his arrest you all under the leadership of Dr. Yasmin Rashid would gather PTI workers and attack military installations, government properties and the police officials to create pressure on the government and armed institutions for his release,” the verdict reproduced the prosecution witnesses’ statements, which alleged that the co-accused/party leaders replied that he (Imran Khan) was their ‘red line’ and they would paralyse the government by instigating the PTI workers.

Moreover, the judge said, the petitioner on May 9, at the time of leaving for Islamabad, also sent a video message, saying “if he is arrested, the condition of country will worsen like that of Sri Lanka”, and this clip was produced by the prosecution, along with its transcript.

The judge also referred to another clip of the petitioner, saying the video was broadcasted the whole day through official twitter account of the PTI on May 9, 2023 to instigate the PTI workers to come out for protest and termed it “Real Jihad for Real Freedom (Haqeeqi Azadi)”.

The judge said that actually the case of prosecution against the petitioner is that he hatched the alleged criminal conspiracy which was agreed upon by the top leadership of his party, and the same was conveyed through modern devices, especially online, to the protesters/accused persons, who as a result of the alleged instigation, launched the attack, entered forcibly into the Jinnah House and set it on fire, while waging war against the state, intending to overthrow the government.

He noted that the reports of the Pakistan Electronic Media Regulatory Authority (Pemra), the Federal Investigation Agency (FIA) cybercrime wing and internal security agencies are also available with the record.

He said the recovery of the articles allegedly used for recording the video messages meant to instigate people is to be made from the petitioner.

Judge Arshad ruled that the alleged malice of political victimisation pleaded on behalf of the petitioner against the official complainant did not appeal to the prudent mind.

“A peaceful demonstrator becomes terrorist when he hatches criminal conspiracy, disseminates it and shares common object with other accused, who being armed, attack, attempt to damage or damage the state properties like Jinnah House, intending to jam government machinery as per section 6 of the Anti-Terrorism Act, 1997, and he loses the normal rights of a law-abiding citizen,” the judge said, explaining the dismissal of the bail petitions.

The judge said the investigation must not be interrupted as it would curtail the collection of prosecution evidence.

The judge observed that when reasonable grounds exist to connect the petitioner with the alleged offences, which fall within the ambit of the prohibitory clause, the pre-arrest bail of petitioner/Imran Khan has no merits.

The petition sought interim pre-arrest bail in the Jinnah House, Askari Tower, and Shadman police station attack cases.

On March 1, another ATC had confirmed the pre-arrest bail of Imran Khan in four criminal cases, including the murder of party worker Zille Shah, the attack on police outside Zaman Park, and the torching of PML-N offices in Model Town, and a container at Kalma Chowk on May 9, 2023.

Published in Dawn, July 12th, 2024