Islamabad, 16 March 2023 (GNP): On Thursday, Additional District and Sessions Judge Zafar Iqbal stated that he would prevent the Islamabad police from arresting Imran Khan, the PTI Chairman, in the Toshakhana (gift depository) case if Khan turned himself in to the court.
During the hearing of the Election Commission of Pakistan (ECP) reference, which aimed to initiate legal proceedings against the former Prime Minister for withholding information about Toshakhana gifts, these remarks were made.
Earlier this week, the judge had re-issued non-bailable arrest warrants for Imran and instructed the capital city police to present him in court by March 18. However, clashes erupted between the Islamabad police and PTI supporters when the police arrived at Imran’s residence in Zaman Park. The two sides engaged in a two-day confrontation, with other law enforcement agencies joining the Islamabad police. It was only through judicial intervention that peace was eventually restored.
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Today, an Islamabad district and sessions court reconvened to hear the case, with Imran’s attorneys Khawaja Haris Ahmed and Faisal Chaudhry in attendance. At the beginning of the hearing, the judge inquired why the former Prime Minister was “opposing” the proceedings, prompting Haris to inquire whether it was necessary to “apprehend Imran and then present him in court.”
The Judge reiterated his desire for Imran to make a court appearance, emphasizing that the PTI leader must comply with the law by assisting the police instead of opposing them. He noted that there would have been no complications if the warrants had been bailable. Haris, on the other hand, informed the court that the warrants were non-bailable and presented the Islamabad High Court’s (IHC) order directing Imran to sign an undertaking and appear in court on March 18.
The attorney further suggested that if the judge found the undertaking satisfactory, he could acknowledge it, and Imran would then appear before the court on March 18. Haris once again requested that the warrant be revoked, citing the poor situation in Lahore. In response, Iqbal inquired as to why Imran was not cooperating during a time when the situation was deteriorating.
The attorney further suggested that if the judge found the undertaking satisfactory, he could acknowledge it, and Imran would then appear before the court on March 18. Haris once again requested that the warrant be revoked, citing the poor situation in Lahore. In response, Iqbal inquired as to why Imran was not cooperating during a time when the situation was deteriorating.
Haris made it clear that Imran was ready to attend the court proceedings and did not wish to be treated differently from anyone else. Nevertheless, he raised doubts about the need for non-bailable warrants for an arrest. He proposed that the court could either accept the undertaking and withdraw the warrants or ask for a surety bond and release bailable arrest warrants. The lawyer for PTI further confirmed that Imran was willing to give an undertaking and would show up before the court on March 18.
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The Judge noted that the arrest warrant had turned out to be the “most expensive” in the world, with millions of rupees spent in futile attempts to execute it. He expressed his belief that the situation at Zaman Park should have never occurred. The lawyer representing Imran persisted in his request to the court to withdraw the non-bailable arrest warrant and issue notices to the ECP lawyer to present their arguments in court.
He said that he would prevent the Islamabad police from detaining the PTI leader if he turned himself up to the court. He said that the former prime minister should have been brought immediately to court in accordance with the law, thereafter there would have been no chance of harassment during his presence.
Judge Iqbal commented that Pakistan, being a poor country, should not be spending millions on an arrest warrant. He went on to say that the person in question should have been arrested and brought to court instead of taking action until the date mentioned on the arrest warrant.
The judge also stated that the police couldn’t simply sit and do nothing. He questioned why Imran resisted the legally issued warrants, saying that the PTI chief could have held a peaceful protest instead. He added that in criminal proceedings, arrest warrants are usually issued and then cancelled after the accused has appeared in court.
He summoned the secretariat police and ECP by issuing notices and adjourned the hearing until 12 pm. When the hearing resumed, Khawaja Harris and Barrister Gohar approached the rostrum while an Islamabad police officer appeared before the court.
During the resumed hearing, the public prosecutor informed the court that the police officer responsible for executing the warrant was still in Lahore. The government’s lawyer also mentioned that the ECP counsel was currently at the Peshawar High Court and would not arrive until 2:30 pm. As a result, the government’s lawyer requested that the hearing be postponed until the ECP counsel could be present.
Harris reiterated that he wanted to assure the court that Imran would appear before it as scheduled. He once again appealed to the judge to reconsider the non-bailable arrest warrant, and provided an undertaking on behalf of the PTI chief, confirming his appearance on March 18.
Harris restated to the court that Imran would be present on March 18 as scheduled and gave an assurance on behalf of the PTI leader. He further pointed out that the Islamabad High Court had authorized the sessions court to accept the undertaking and a surety bond. Nevertheless, Harris disagreed with the rejection of their petition and urged the judge to temporarily suspend, rather than withdraw, the warrant. He emphasized that Imran would unquestionably appear before the court in two days. The ECP lawyer requested a postponement, and the hearing was adjourned until 2:30 pm.