ISLAMABAD: The District and Sessions Court on Monday reserved its decision on Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s plea for exemption from hearing the Toshakhana case.
Last week, the Islamabad High Court (IHC) suspended the former prime minister’s non-bailable arrest warrant issued by a local court due to the PTI chief’s continued absence.
IHC Chief Justice Aamir Farooq, accepting the PTI chief’s plea against Additional Sessions Judge Zafar Iqbal’s decision, directed Khan to ensure his appearance in the lower court on March 13.
Today’s hearing
At the start of today’s hearing, Imran Khan’s legal team once again sought immunity citing security risks and also filed a plea to be acquitted in the case.
Judge Iqbal heard the case and reserved the decision till 3:15 pm today on a petition filed by Imran Khan’s lawyer Khawaja Haris.
The lawyer said that it is not that Imran Khan is deliberately not appearing in the court, there are security threats to him.
Haris also filed a plea to declare the Election Commission of Pakistan (ECP) complaint against the PTI chief as “inconsiderable”.
The sessions court had ordered the PTI chairman to appear for charge-sheeting in the case. However, Imran Khan’s lawyer said that PTI chief will not appear in court today.
Khan’s lawyer said that before issuing an arrest warrant, it should be decided whether the case is triable, adding that legal requirements were not taken into account while filing the complaint against Khan.
He said that the Election Commission did not file a complaint against Imran Khan, but the District Election Commissioner did, adding that the complaint had given instructions to take action against the PTI chief.
He further said that the Election Commission can file a complaint against the former prime minister. “The affidavit was not required while filing the complaint against Khan and the complainant’s affidavit and statement had different signatures,” Haris added.
Khan’s lawyer also said that the complaint against corrupt practices and criminal proceedings could have been filed within 120 days as per law, but in this case it was filed after three years.
Haris said the IHC has suspended the warrant till today and directed to proceed with the proceedings as per law.
Election Commission lawyer Saad Hassan while giving his arguments said that the real debate revolves around Imran Khan’s arrest warrant.
He added that if the court finds that the complaint is inadmissible, then there is no problem.
Hasan said that the IHC’s suspension of the warrant expired today, adding that the high court had directed Khan to appear in court today.
The Sessions Court should check whether the warrant is enforceable or not.
Meanwhile, Khan’s lawyer said there was no reason to initiate criminal proceedings against the former prime minister.
He added that if the ECP were to present arguments regarding the admissibility of the complaint, all previous hearings would become illegal.
‘Arrest warrant should be implemented’
Pakistan Muslim League (N) leader Mohsin Nawaz Ranjha while talking to the media said that Imran Khan is flouting the law.
The court warrant against Khan should be executed, he said, adding that the PTI chief should be arrested on the orders of the IHC.
“Imran Khan has committed theft and now he is responsible for it. He is absconding from the court,” Ranjha said.
PML-N leader Birting Khan said that the PTI chief has destroyed the country. Expressing regret, he said that Imran Khan did not make any plans in the country during his three-year tenure.
Ranjha said that the PTI chairman should come to the court and participate in the proceedings. “He is neither honest nor trustworthy, he is a thief.”
