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Today's Paper | November 22, 2024

Updated 03 May, 2023 08:58pm

IHC grants Imran time till tomorrow to appear after taking exception to his persistent absence

The Islamabad High Court on Wednesday directed PTI Chairman Imran Khan to appear in court tomorrow (Thursday), allowing him a day’s extension after earlier ordering him to appear today.

The directive was issued during the hearing of Imran’s bail pleas in nine cases — two of which were heard by IHC Chief Justice (CJ) Aamer Farooq and seven by a two-member division bench comprising Justice Farooq and Justice Miangul Hassan Aurangzeb.

During these hearings, the IHC expressed displeasure over Imran’s persistent absence from the hearings and warned of cancelling his interim bail if he failed to appear before the court tomorrow.

The two pleas heard by the IHC CJ sought relief for Imran in a mutiny case and another pertaining to charges of attempted murder while the seven cases taken up a division bench pertained to violence outside the Federal Judicial Complex in Islamabad.

On April 18, the IHC had extended Imran’s bail in eight cases — including those of violence outside the Federal Judicial Complex — till May 3.

Accepting the PTI chairman’s request for a bail extension and exemption from court appearance that day, Justice Farooq had made it clear then that Imran’s interim bail in all the cases will be cancelled if he did not appear in court on May 3.

Murder attempt charges hearing

IHC CJ Farooq took up today morning Imran’s bail plea in a case involving murder attempt charges filed by PML-N MNA Mohsin Shahnawaz Ranjha last year and warned of dismissing the PTI chief’s interim bail if he failed to appear before the court.

“If the petitioner, Imran Khan, does not appear during court timings [today], will dismiss the interim bail,” Justice Farooq said.

The judge added that the former premier “has made a mockery out of the courts”.

On Oct 23, 2022, Ranjha had lodged a criminal complaint claiming that the shot fired by a KP policeman outside the Election Commission of Pakistan (ECP) on Constitution Avenue on Oct 21, 2022 was “an attempt on his life” allegedly at the behest of Imran.

The disqualification of Imran in the Toshakhana case had sparked protests in Islamabad and Rawalpindi, especially at Faizabad, resulting in the arrest of three people — a PTI lawmaker and his two police guards.

The clash between the protesters and police had started outside the ECP soon after the verdict disqualifying Imran when the KP police guard of MNA Saleh Mohammad fired a gunshot.

Shortly after the court proceedings regarding the matter began today, PTI Senator Shibli Faraz said in a tweet Imran “respected the courts” and implied that the reason for the PTI chief’s absence was his leg getting “injured again” during his appearance at the LHC yesterday.

He wrote, “Imran Khan’s leg got injured again yesterday at the Lahore High Court due to the jostling brought about because of the lack of security provided by the government.

“Doctors have advised [Imran] to rest for 10 days. Upon recuperating, he will again face the cases filed on political bases. [Imran] Khan sahib respects the courts,” the PTI senator added.

Meanwhile, at the court, Justice Farooq asked Imran’s counsel Advocate Naeem Haider Panjhuta about his client’s whereabouts. The lawyer replied, “He cannot come. [He] has filed an application for exemption [from court appearance today].”

The IHC CJ then asked about the application’s whereabouts to which Panjhuta responded that it had been filed.

Justice Farooq then remarked: “Either we have sunk beneath him or he has risen above us.

“If the petitioner, Imran Khan, does not appear during court timings [today], we will dismiss the interim bail,” he warned Imran’s lawyer.

The IHC CJ proceeded to remark: “[He] has made a mockery out of the courts. A high court has been thought of as a civil court. A mockery has been made out of the courts.”

The court then called a recess in the hearing till Imran appeared in court today.

After the hearing was resumed, the court directed Imran to attend tomorrow’s hearing.

Violence cases

Later today, a two-member division bench comprising Justice Farooq and Justice Aurangzeb heard Imran’s bail plea in seven cases pertaining to violence at the Federal Judicial Complex.

Advocate Panjhuta, Barrister Salman Safdar and Advocate Faisal Chaudhry represented Imran as his counsels while Islamabad Advocate General Jahangir Jadoon was also present in the court.

At the outset of the hearing, Barrister Safdar told the court that Imran had appeared before a five-member bench of the Lahore High Court yesterday.

“He appeared before the court even when he was not summoned,” the lawyer said, adding that one of Imran’s had swelled as he used stairs while leaving the court which exerted pressure on the limb.

Explaining his client’s absence from the hearing, Barrister Safdar said while they usually had security concerns, Imran was unable to appear before the court today because of medical reasons.

At that, Justice Farooq noted that Imran had not appeared before the court even once since the beginning of the case’s proceedings.

“He has also not joined the investigation,” the IHC CJ said, adding, “You tell us what shall we do?

“We understand that these are extraordinary circumstances, but what are you doing?”

Justice Farooq further pointed out to the lawyer that Imran’s medical report submitted by him was from a private facility.

At that, Barrister Safdar explained it was so because the PTI chief was treated at only the private medical facility.

“Why doesn’t he go to a government hospital,” Justice Farooq questioned, to which the lawyer replied, “We are even ready for that to prove our good intentions.”

Justice Aurangzeb then pointed out to Barrister Safdar that Imran had been given warnings multiple times previously to appear before the court.

“Imran Khan is privileged, we can make separate laws for him,” the judge remarked, expressing his displeasure.

Moreover, Justice Farooq questioned, “Had a common man done the same as Imran, would his bail plea still be valid?”

Justice Aurangzeb further stated that the court had allowed Imran exemptions from court hearings multiple times.

“Sometimes his life is at risk and other times he suffers from pain in the leg,” the judge remarked.

At that, Barrister Safdar contended whether there was any instance in Pakistan’s history of 14 cases being registered against an individual in three months.

Given this scenario, “the circumstances are extraordinary”, he added.

Justice Farooq then assured the lawyer that the case would be heard on the basis of merit and reminded him that a previous order issued by the court stated that in case of Imran’s absence from the hearing, his bail would be cancelled.

He warned of cancelling Imran’s bail if he failed to appear before the court tomorrow and extended his interim bail until then.

Advocate Safdar then asked the court for three to four days’ time, but the IHC rejected the prayer and adjourned the hearing till tomorrow.

Imran to set out for IHC at 8am

Later in the day, the PTI said that Imran would depart for the IHC at 8am on Thursday.

Reiterating the circumstances of his aggravated injury, the party’s Twitter account said that court attendance was necessary after today’s IHC order so the PTI chief had decided to appear in court out of respect for the high court and to uphold the law.

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