ISLAMABAD: The Islamabad High Court (IHC) on Monday struck down terrorism charges against Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan in a case registered against him for hurling threats at an additional district and sessions judge, and the Islamabad Police chief and a deputy inspector general last month.

The PTI chief had made controversial remarks against the judge and police officials during a party rally in the capital on Aug 20 and was subsequently booked for “terrorism”. Later, another case was registered against him for violating Section 144.

A division bench of the IHC comprising Chief Justice Minallah and Justice Saman Rafat Imtiaz partially accepted the petition of former premier Khan seeking to quash the first information report (FIR) registered against him under Section 7 of the Anti-Terrorism Act (ATA) and sections 188, 189, 504 and 506 of the PPC.

The bench after hearing the submissions of Barrister Salman Safdar and Mohammad Shoaib Shaheen, counsel for Mr Khan, as well as perusing the arguments of Special Prosecutor Raja Rizwan Abbasi, issued a short order and cleared the former premier of terrorism charges.

Probe into other charges to continue; IHC accepts ex-GB chief judge’s apology

“For the reasons to be recorded later on, we declare that Section 7 of the Anti-Terrorism Act 1997 is not attracted in light of the principles and law laid down by the august Supreme Court,” said the court order.

“However, the proceedings in relation to offences described under sections 188, 189, 504 and 506 of the Pakistan Penal Code 1860 shall continue in accordance with law and, therefore, the case shall be transferred to a competent court vested with jurisdiction,” the order further said.

The Islamabad Anti-Terrorism Court (ATC) is scheduled to res­ume hearing on the pre-arrest bail of Mr Khan on Tuesday (today).

However, following the IHC orders the ATC may remand the case file to the sessions judge.

Rana Shamim’s apology accepted

In another development, IHC Chief Justice Athar Minallah accepted the apology of former Gilgit-Baltistan chief judge Rana Mohammad Shamim and exempted him from personal appearance in the next hearing on Sept 29.

On Monday, Chief Justice Minallah expressed satisfaction over the apology tendered by Rana Shamim in response to the contempt of court proceedings initiated against him following publication of his ‘controversial’ affidavit in an English daily in November last year.

The original affidavit had accused former chief justice of Pakistan Saqib Nisar of manipulating judicial proceedings to delay the release of Nawaz Sharif and Maryam Nawaz until the 2018 general elections following their conviction in the Avenfield apartments reference.

In another affidavit submitted recently on court orders, Mr Shamim tendered an unconditional apology, disowned his earlier document and withdrew from its contents. He also placed himself at the mercy of the IHC.

“I have perused the affidavit and found it sufficient,” Justice Minallah observed.

He, however, was of the view that the act of Mr Shamim was contemptuous and the court may charge him for committing perjury for repeatedly changing his stance. He referred to Sub-Section 3 of Section 18 of the Contempt of Court Ordinance that states: “Truth shall be valid defence in cases of contempt of court.”The IHC chief justice remarked that this section was ignored by courts and counsels during the contempt proceedings in some cases. He, however, issued a notice to Attorney General for Pakistan Ashtar Ausaf, asking him to assist the court on the scope of Section 18 of the ordinance and the implications of publication of a story in the print media on a sub-judice matter.

Latif Afridi, counsel for Mr Shamim, suggested the courts discharge contempt proceedings pursuant to submission of an unconditional apology by his client.

Justice Minallah remarked that the substantial detrimental effect of the affidavit of Mr Shamim has died down with the unconditional apology and now “there is no case against him unless he backtracks [from] what he has stated in the apology”.

The hearing was then adjourned till Sept 29.

Published in Dawn, September 20th, 2022