Islamabad High Court suspends Imran Khan's arrest warrants in Toshakhana case

WORLD  07 March 2023 - 19:50

The Islamabad High Court (IHC) on March 7 announced its decision on a petition by Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan, suspending his non-bailable arrest warrants issued by a trial court in the Toshakhana (gift depository) case until March 13.

The court, in its short order, directed the former prime minister to appear before the sessions court on March 13, warning that he may be declared an absconder if he does not comply, The Express Tribune reports.

The former premier had moved the high court against non-bailable arrest warrants ordered by Additional Sessions judge Zafar Iqbal in the case. Lawyer Ali Bukhari had filed the petition requesting a cancellation of the warrant. The plea maintained that it was “illegal” to issue a non-bailable warrant.

During the hearing, Imran’s legal team requested that the high court grant the PTI chief a period of four weeks to appear before the district court.

IHC Chief Justice Aamer Farooq maintained that he could not grant Imran four weeks’ time and set a precedent. He added that he could also not suspend the trial court’s proceedings.

Justice Farooq also questioned if Imran’s counsel would appear before the IHC on March 9 for the next hearing of the case. To this, Imran’s lawyer said that the high court was not a problem, rather the location of the district court was the issue.

Justice Farooq stated that even after four weeks, the location of the court would remain the same. Imran’s lawyer then stated that the court should give whatever time it deems appropriate.

The advocate general stated that it had been four months, yet the summary trial had not taken place. The court informed Imran’s lawyers that the next hearing would take place on March 9 at 3 pm.

Justice Farooq reiterated that there were threats to the lives of judges as well, and urged trust in Allah (S.W.T) as “life is a deposit from Him”. He added that the lives of thousands of people who came to court were “equally important”.

The IHC CJ maintained that there was a rush wherever district courts were. Subsequently, the court reserved its decision in the matter after hearing arguments from the parties.

IHC gives Imran another chance

Earlier today, the IHC gave Imran another opportunity to choose a date to appear before the courts in the Toshakhana reference against him.

As the hearing commenced, IHC Chief Justice Aamer Farooq questioned if Imran would appear before the Islamabad district and sessions court that was hearing the Toshakhana case.

When told by Imran's counsel that he was "facing threats", the CJ maintained that the court's judges received threats "every day" and asked if he should shut down the IHC because of it. Justice Farooq asked the lawyer to provide a date on which Imran could appear before the court and told the lawyer to not make a mockery of the system.

The IHC CJ maintained that he would not suspend the non-bailable arrest warrant issued by the district court, but would issue a notice for tomorrow.

During an earlier telephonic conversation with his lawyers, the former premier instructed his counsel to highlight the security threats before the court again.

"Tell the court that I have been attacked in Wazirabad before," Imran Khan instructed. He added that he would have "no problem" appearing anywhere if the court made proper security arrangements.

Imran skips court appearance again

Earlier in the day, Imran Khan refrained from appearing before an Islamabad district and sessions court in the Toshakhana case citing his injuries.

The former premier’s counsel Sher Afzal Marwat appeared before the court and stated that Imran was unwell and “disabled” after his leg was shot at in the Wazirabad attack. He added that a global “spectacle” was created regarding Imran.

Marwat maintained that he would provide the power of attorney within “a day or two” and that Imran’s legal team was currently at the IHC.

The lawyer requested that the court give a date for next week for hearing the matter.

The Election Commission of Pakistan (ECP) counsel requested that the hearing be adjourned to March 9, to which Pakistan Muslim League-Nawaz (PML-N) leader Mohsin Shahnawaz Ranjha said that Imran had to appear before the IHC on that date.

“Imran Khan will definitely appear in Islamabad High Court on March 9,” Ranjha reiterated.

The ousted premier's lawyer stated that he was told that it would be easier for the PTI chief to appear before the district court next week.

Judge Zafar Iqbal remarked that “in other words, Imran Khan will not appear before the session court even on March 9”.

Taking the rostrum, Ranjha stated that action should be taken according to law, questioning if a common citizen was also given such relief from appearing before a court.

He added that on behalf of Imran, a continuous exemption application was filed, and the exemption was also granted.

The court maintained that the case would be processed according to the law.

The ECP lawyer said that Thursday should be the deadline for submitting the PTI lawyer’s letter and conducting the next hearing.

Additional Sessions judge Zafar Iqbal adjourned the hearing till 2pm.

The court directed the lawyer Sher Afazl Marwat to submit his letter.

In his remarks, the judge asked the court to name a case that had gone on for so long before the additional sessions court. He added that Imran went to other courts but did not appear before the sessions court.

Caliber.Az