ISLAMABAD: The Supreme Court summoned Pakistan Tehreek-e-Insaf (PTI) chairman on Monday (July 24) at 10:30 am regarding his application against a case related to the murder of senior lawyer Abdul Razzaq Shar in Quetta.
A three-judge bench, headed by Justice Yahya Afridi, on Thursday, heard the former prime minister’s appeal against the order of a division bench of the Balochistan High Court (BHC).
A division bench of the BHC comprising Chief Justice Naeem Afghan and Justice Aamir Nawaz Rana on 15-06-23 had dismissed the PTI chief’s application to quash an FIR registered on the complaint of the slain lawyer’s son. In the FIR, Imran Khan was nominated regarding the assassination of Shar.
Shar was shot dead by unidentified assailants near Alamo Chowk on Airport Road on June 06, this year. According to the police, the senior Supreme Court lawyer received 15 bullet injuries on his body and died on the spot. Two days later, the police booked Imran Khan in the case on the complaint of the lawyer’s son.
The murdered lawyer, Shar, had filed a constitutional petition against the former prime minister in the BHC, seeking proceedings against the former premier under Article 6 (high treason) of the Constitution.
In the last hearing on July 4, a two-judge bench comprising Justice Ijazul Ahsan and Justice Ayesha A Malik had declined to grant a stay against the BHC’s order and referred the matter to the chief justice for constituting a three-member bench.
During the proceeding, Justice Afridi said: “To get relief the petitioner has to appear in person and surrender before the court.”
Advocate Sardar Latif Khosa, representing Imran Khan, said his client could appear before the bench within an hour. However, Justice Afridi asked him to wait for the Balochistan government’s reply, adding it would suffice for the PTI chief to appear on Monday at 10:30 am.
Amanullah Kanrani, appearing on behalf of the complainant, said that the main issue was the PTI chairman’s refusal to appear before the joint interrogation team (JIT) to probe into the incident. However, Khosa contended; “We do not accept the JIT”.
Upon that, Justice Naqvi asked Khosa to take into account “the seriousness of the matter at hand” and said that the petitioner must appear before the bench.
Justice Afridi further inquired why the PTI chief had not approached the relevant forum for getting the FIR quashed first. Khosa told the court that the matter was first raised at the BHC and the apex court has been approached only afterwards.
Justice Naqvi observed that a copy of the FIR was not attached with the application and noted that a key argument was missing from the plea as well. “Your application should state that the case against chairman PTI is baseless,” he said.
He also wondered what the merit of the request was when the investigating officer (IO) has not nominated the PTI chief as the accused.
Khosa told the bench that the case was registered against his client on provisions pertaining to terrorism.
“The IO’s stance, however, is that the PTI chief is not cooperating with the investigation,” observed Justice Naqvi.
The Balochistan prosecutor general clarified that no non-bailable arrest warrants had been issued against the PTI chief. Justice Hilali questioned still the complainants hold the PTI chief responsible.
Khosa told that the deceased lawyer's widow has said that the family does not think he had any involvement in the killing, adding Shar’s stepson had filed the case against the PTI chief. Kanrani informed that he is representing the son, and not the widow of the deceased. The case was adjourned until Monday.
Copyright Business Recorder, 2023
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