Judge infuriated on PTI chief\u2019s undertaking for March 18 appearance
\n ISLAMABAD
\nAn Islamabad court Thursday rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan\u2019s plea seeking the suspension of non-bailable arrest warrants issued in the Toshakhana case.
\nAdditional District and Sessions Judge Zafar Iqbal announced the verdict reserved earlier redirecting the authorities concerned to arrest the former prime minister and present him before the court on March 18.
\nHe mentioned that the decision has been taken after reviewing each and every aspect of the law, hoping that the petitioners will enjoy reading the detailed verdict. The court earlier reserved the verdict on the plea seeking suspension of non-bailable arrest warrants issued against PTI Chairman Imran Khan in the Toshakhana case. Additional District and Sessions Judge Zafar Iqbal conducted the day-long hearing which was adjourned twice, who earlier in the day expressed indignation as PTI Chairman and former prime minister Imran Khan filed an undertaking in the court on Thursday promising to appear in court on March 18.
\nWhen the hearing resumed for the third time on Thursday, ECP lawyer Saad Hassan and Islamabad Inspector General Dr Akbar Nasir Khan appeared in court. \u201cIG sahab, tell us why did you not implement the arrest warrants?\u201d ADSJ Iqbal asked. \u201cWhat do you say? Should an exemption be given [to Imran] or not?\u201d
\nThe official replied that the Islamabad police officials, who had gone to Lahore, were not even allowed to meet Imran. \u201cPolitical workers used force to stop the police.\u201d IG Nasir elaborated that policemen were hit with stones, sticks and stones.
\n \u201cToday, I have come to court on behalf of the 65 policemen who were injured [during the operation] and are in hospitals,\u201d he said, adding that never before had the police faced something as such.
\nThe police official further revealed that the security personnel at Zaman Park was unarmed. He presented the list of injured officers in court along with pictures from the scene.
\n\u201cMy opinion is that if you want to give leeway to one person then the same should be given to 22 billion people as well. The law is equal for all,\u201d he stressed.
\nAt this point, PTI lawyers in court interrupted in disagreement. On the other hand, the judge inquired about the damage to property during the operation to which IG Nasir said that 10 police vans and water canons were burnt down. The extent of damage is being determined in Lahore, he added.
\nECP\u2019s Hassan presenting the arguments, said that this was not the first time Imran had given an undertaking to the court, pointing out that earlier too his promises were not fulfilled. \u201cOn several occasions, even I said he should be given leverage,\u201d he recalled. \u201cBut Imran took out a rally in Lahore … his excuses regarding security are unacceptable.\u201d
\nHassan went on to say that it was even possible for an MPA to bring 2,000 people to the streets and create a law and order situation. \u201cI have no objections if Imran presents before the court on March 18 but he is being given extraordinary relief,\u201d he contended, stressing that the law didn\u2019t allow cancellation of arrest warrants without an appearance.
\nThe lawyer further clarified that the IHC had not issued any directives to the trial court, but had in fact instructed the suspect to consult with the latter. \u201cThe only difference is that the undertaking has Imran\u2019s signatures today,\u201d he said.
\nHe also recalled that went the first time police had gone to arrest Imran, they were told that he wasn\u2019t present. \u201cAnd at the second time, the police were attacked.\u201d The lawyer highlighted that there was no difference in the undertakings Imran submitted earlier and today except for a few \u201cspelling mistakes\u201d, adding that even \u201ctouts\u201d could submit such documents.
\nFor his part, Imran\u2019s lawyer Haris stated that the IHC had told the petitioner to take the undertaking to the trial court and approve surety after verifying it. \u201cI haven\u2019t talked about the cancellation of warrants, but about their suspension,\u201d he argued. \u201cIt is just a matter of two days. Imran will appear in court on March 18.\u201d
\nSubsequently, the court reserved its verdict in the case. ADSJ Zafar Iqbal said that a detailed order will be issued. \u201cI will leave only after writing and signing the order,\u201d he assured the respondents.
\nThe judge also told them that there was no point in waiting in court because \u201cI don\u2019t know how long it will take to complete the order\u201d.
\nJudge Zafar Iqbal conducted the hearing of a PTI application seeking cancellation of non-bailable arrest warrants of Imran Khan. The judged fumed as PTI lawer submitted the undertaking, inquiring \u201cFrom where you derived the concept of undertaking?\u201d
\nThe judge asked the counsel \u201cTell us, where is Imran Khan?\u201d Advocate Khawaja Haris argued was it necessary to arrest Imran Khan and then bring him to court? The judge responded \u201cThe court wants him to appear himself. What\u2019s the reason for his absence? Imran Khan should cooperate with the police, not resist them.\u201d
\nEarlier on Wednesday, the Islamabad High Court while hearing the PTI\u2019s challenge to the arrest warrants had ordered the party to submit an affidavit in the trial court. During the proceedings on Thursday, Khawaja Haris opined that after the undertaking there was no need to maintained the arrest warrants.
\nHaris said Imran Khan had submitted the undertaking he will be in court on March 18. However, the judge remarked Imran Khan should surrender himself now and the court will order the authorities not to arrest him.
\nKhawaja Haris said the concept of undertaking is derived from Section 76, on which the judge hit back saying Section 76 was about bailable warrants and not non-bailable warrants. \u201cHad the warrants bailable then there would have been no problem but the warrants were non-bailable. Your arguments are about bailable arrest warrants.\u201d
\nKhawaja Haris said \u201cThe court has two options. The applicant wants to come to come and the court should accept the undertaking and cancel the non-bailable arrest warrants. The second option is the court should issue bailable warrants by accepting surety.\u201d
\nThe judge further inquired the arrest warrants were issued as per law then why there was resistance? \u201cThey could have staged a peaceful protest. They should not have created such a scene.\u201d
\nJudge Zafar Iqbal further remarked in criminal cases accused usually appear in court in person which normally leads to withdrawal of warrants. \u201cThere is nothing like that the police will sit idle and wait for March 18,\u201d the judge added.
\nKhawaja Haris asked the court to issue notice to ECP, which filed the Toshakhana reference. The judge then announce a break in the hearing while issuing notice to the ECP officials summoning them to appear before court at 12:00 noon today. \u2014 DNA<\/p>\n","protected":false},"excerpt":{"rendered":"
Judge infuriated on PTI chief\u2019s undertaking for March 18 appearance ISLAMABAD An Islamabad court Thursday rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan\u2019s plea seeking the suspension of non-bailable arrest warrants issued in the Toshakhana case. Additional District and Sessions Judge Zafar Iqbal announced the verdict reserved earlier redirecting the authorities concerned to arrest the former […]<\/p>\n","protected":false},"author":2,"featured_media":319936,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[2833,158],"class_list":{"0":"post-319905","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-top-news","8":"tag-imran-khan","9":"tag-pti"},"yoast_head":"\n