On Thursday, the Lahore High Court( LHC) directed PTI principal Imran Khan to appear before the court on February 20 while hearing the PTI chief’s defensive bail in a case about demurrers outside the Election Commission of Pakistan (ECP).
During moment’s hail, Justice Tariq Saleem Sheikh advised issuing a disdain notice after noting that Imran’s autographs on the affidavit — attached with the solicitation — and a power of attorney was different.
History, an Islamabadanti-terrorism court — on the grounds of non-appearance — rejected Imran’s request for an extension in his interim bail in a case pertaining to violent demurrers outside the ECP after it disqualified him in the Toshakhana case.
The PTI chief has been gaining in his Zaman Park hearthstone in Lahore ever since he was wounded in an assassination attempt during a pitstop his caravan made in Wazirabad while they were marching on Islamabad.
latterly, the PTI chief approached the LHC for interim defensive bail, but the high court refused to grant the bail without his particular appearance and suspended the solicitation till the moment.
“Bring him on a stretcher or in an ambulance. Bail won't be granted without him being present in court, ” Justice Sheikh had still won't granted without him being present in court,” Justice Sheikh had said.
Before that moment, Imran submitted a power of attorney in court declaring Advocate Azhar Siddique as his counsel for the case.
The hearing
As the actions began moment, Imran’s attorney Azhar Siddique asked the court for some time, saying that the PTI president was meeting croakers and the party had some security enterprises.
He, still, assured the court that Imran would be in court. At that, Justice Sheikh suspended the hail till 1230 pm.
When the hail proceeded, Siddique formerly against sought further time.
“Consultations are still underway we need further time,” he said.
Then, Justice Sheikh asked if Imran would appear before the court at each, to which the counsel said “ Consultations on this( matter) are underway.”
latterly, the hail was suspended for another hour.
At 2 pm, Imran’s counsel appeared in court along with Dr. Faisal Sultan — the PTI chief’s surgeon. Dr. Sultan wanted to brief the judge regarding the premier’s medical condition but wasn't allowed to do so. Meanwhile, Siddique told Justice Sheikh that his customer wanted to withdraw the bail operation as the Islamabad High Court( IHC) had formerly granted relief to Imran in an analogous case.
Then, the judge observed that the PTI chief’s autographs on the affidavit and power of attorney were different. “This is a veritably important matter I'll issue disdain of court notice to you or your customer,” he said.
At that, Siddique stated that he'll help the court on the matter and sought some time. “ I’m not returning your operation. I’m keeping it on pending,” the judge said and also suspended the hail till 4 pm.
When the hail proceeded, Imran’s counsel said that the PTI chief was taking the power of both autographs. At this, Justice Sheikh demanded that Imran “enjoy up to them in front of me or differently I'll issue a disdain of court notice to the council and the supplicant”.
The council said that if it supposed applicable, the court could question Imran about the autographs through a videotape link. “ Croakers have advised Imran Khan to refrain from walking,” he said.
He further contended that the court could appoint a bailiff so that the matter could be clarified.
Justice Sheikh, still, said that the court had to serve in agreement with the law. “ Imran Khan will give a statement about the autographs after taking a pledge.”
The Lahore High Court rejected Siddique’s explanation regarding the autographs, upon which the counsel asked for further time for “ discussion ”.
The counsel claimed that Imran had admitted both the autographs were his, considering which, the LHC suspended the hail till 630 pm with Justice Sheikh demanding that Imran “ corroborate the hand in front of him”.
Shortly before the hail was listed to renew, PTI Farrukh Habib said that Imran had been advised by his croakers to limit his movement and that there were also security pitfalls.
He noted that the court had been informed of these data. “( But) the court has directed Imran to appear in person for( carrying) defensive bail, thus, he'll appear before the LHC.”
When the hail proceeded, Khawaja Tariq Rahim appeared in the court on Imran’s behalf.
“ Imran Khan respects the courts,” Rahim said. He called on the court to make the necessary arrangements, saying that Imran would appear in the courtroom hereafter.
He further contended that the court could “ discipline ” the counsel responsible for the issue regarding the autographs.
“A decision has to be made after looking at the security arrangements. We can sit down with the high court security to finalize (the arrangements).”
At this, Justice Sheikh said that a meeting could be arranged with the Punjab IG. He directed the parochial police chief to sit down with Imran’s legal platoon and finalize security arrangements.
The court also directed Imran’s counsel to present the ex-premier in court on Monday( February 19) at 200 pm.
The PTI president’s solicitation was submitted by his counsel's lawyers Malik Ghulam Abbas Nissoana, Muhammad Farooq Khokhar, Rashid Gill, Muhammad Aadil Khan, and Ch Asghar Ali.
In the solicitation, Imran said that the Islamabadanti-terrorism court didn't grant him impunity from the appearance on the base of medical grounds, and rejected his request for an extension in his interim bail.
“ I've to submit a bail solicitation again in the Islamabad ATC,” he stated in the solicitation and supplicated to the Lahore High Court to “ authorize the defensive bail for the rendition to take place in the concerned court.”
LHC bench dismisses Imran’s plea
Meanwhile, a separate LHC bench heard the PTI chief’s bail plea filed against the FIR registered against him at Islamabad’s Sangjani police station. A two-judge bench comprising Justice Ali Baqir Najafi and Justice Syed Shahbaz Ali Rizvi presided over the hail.
At the onset of the hail, Justice Najafi inquired about Imran’s whereabouts.
At that, Imran’s counsel Siddique read Imran’s medical reports out loud. He said that the croakers had advised Imran to rest for three weeks. still, the court noted that the medical reports didn't state that Imran couldn't walk.
“I've had a detailed conversation with the croakers. According to them, it isn't okay for Imran Khan to walk( at the moment),” the counsel replied.
Justice Najafi noted that Imran could also appear before the court in a wheelchair but Siddique refocused that his customer also faced security pitfalls.
“The party leadership is also not ready to allow Imran to appear, ” he told the court.
He further argued that PML- N leader Hamza Shehbaz was granted defensive bail without having to appear before the court. “carrying bail is an abecedarian right,” he said.
Still, Justice Najafi refocused that the apex court had ruled that defensive bail couldn't be handed without the suspect appearing before the court. “ We've to work within the dimension of the law and the law says that bail can not be granted without appearing before the court, ” he remarked.
The counsel also contended that the court could mark Imran’s attendance via videotape link or through a “commission”. Still, Justice Najafi said that there were two options presently on the table. “Either we dismiss the operation or you withdraw it,” he said. Imran’s counsel also asked for some time to consult with his customer. The hail was latterly suspended for a brief period.
When the hail proceeded, neither Imran nor his counsel was present in court. thus, the court dismissed Imran’s plea.
A written order, a dupe of which is available withDawn.com, stated “The case was taken up at 500 pm when the learned counsel for the supplicant sought an adjournment to present the supplicant.
“ We suspended the case at 630 pm but at the time when the case was called neither Mr. Azhar Siddique, the learned counsel for the supplicant nor the supplicant( were) in attendance.
“ In this view of the matter, we've no option but to dismiss the solicitation for prosecution,” the order stated.
The case
The terrorism case in Islamabad was filed against Imran in Oct 2022 after PTI workers took to the thoroughfares and held demonstrations outside ECP services across the country after it disqualified the former high minister in the Toshakhana reference.
Soon after the verdict was blazoned, the PTI leadership asked people to take to the thoroughfares. Clashes were also reported between the police and protesters in Islamabad, Peshawar, and Karachi.
The ATC had granted Imran are-arrest bail in the case in October last time and summoned him on multiple occasions but the premier failed to appear in court. His counsel had been seeking impunity from in-person appearances on medical grounds.
Preliminarily, Imran also solicited the court for a virtual hail but the request was rejected.
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