ISLAMABAD: A local court on Monday rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s plea seeking the suspension of an arrest warrant issued for him in the Toshakhana case.
Additional Sessions Judge Zafar Iqbal in the Toshakhana case while announcing reserved verdict upheld the non-bailable arrest warrants for Khan, issued last week in the Toshakhana case over his continued absence in the case hearings.
According to the written order, the accused has not challenged the said order at any forum. The accused was in a position to appear in this court on February 28 after his appearance in different courts but he wilfully avoided appearing in this court, the order says.
Imran calls for public hearing in Toshakhana case
It says that a warrant shall remain enforced until it is cancelled by the court which issued it, or until it is executed as per Section 75 (2) CrPC. The warrant has been issued for the appearance of the accused in the trial and he is not present in the court today even, the order says.
The order further says that the accused has not surrendered himself before the court yet and no application for his personal appearance for today is annexed with the record. The accused has not appeared in the court for ensuring his appearance in the trial in the future; therefore, the application is rejected, it says. PTI chairman’s lawyer Ali Bukhari, Qaiser Imam, and Gohar Ali Khan appeared before the court.
Bukhari while arguing before the court said that his client has always respected and followed court orders, adding that a private complaint was registered against the PTI chief under the Election Act, 2017.
Qaiser told the court that if Khan agreed to appear before the court then the police could not arrest him.
The judge remarked that you could have approached the Islamabad High Court (IHC) for the cancellation of arrest warrants. The legal team of Khan wanted to approach the sessions’ court for the cancellation of warrants. Qaiser further said that as per the legal position of the sessions court appeal cannot be filed at the IHC.
He argued that usually arrest warrants are not issued on a private complaint and urged the court to suspend the warrant. He requested the court to suspend the arrest warrants issued for Imran Khan.
The court, after hearing arguments, reserved its judgment. Later, while announcing its reserved judgment rejected Khan’s plea and upheld the arrest warrant issued for the PTI chairman.
Copyright Business Recorder, 2023
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