ISLAMABAD: The Islamabad High Court (IHC), Wednesday, granted protective bail to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the prohibited funding case.

A single bench of Chief Justice Athar Minallah heard Imran’s petition seeking protective bail and granted him the same against the surety bonds of Rs5,000. The PTI chairman has sought protective bail in FIR No38/2022, dated 06-10-2022, registered under sections, 420, 468, 471, 477-A, and 109 of Pakistan Penal Code, 1860, read with Sections, 5 and 23 of the Foreign Exchange Regulation Act, 1947 at Police Station Federal Investigation Agency (CBC), Islamabad.

During the hearing, the chief justice asked Imran’s counsel Salman Safdar advocate that which court should hear the case in his opinion. He replied that this case belongs to either the banking court or the special central court.

The lawyer maintained that two of the co-accused had approached the banking court for bail; however, both the banking court and Special Judge Central Courts declined to hear the case.

Upon noticing the absence of Imran, the chief justice inquired from the counsel where is his client, who wants bail? Safdar said if the court ordered it, Imran would appear in the courtroom immediately. He added that Imran was absent due to extraordinary circumstances and that his residence in Bani Gala was surrounded by the police.

At this, the IHC CJ said that Imran should not be arrested until he appears before the court and he also stopped the administration from harassing him. He directed that the petitioner should appear in court by 3pm. Then, Imran’s counsel said that 3pm would be late and said that the PTI chief would arrive in half an hour.

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Later, Imran appeared before the court while on the court’s call, Barrister Munawar Iqbal Duggal, Additional Attorney General also appeared before the bench.

The petitioner’s counsel informed that his client has approached this Court because the Special Judge Central, Islamabad and the Sessions Judge have refused to entertain the pre-arrest bails, which were filed by the co-accused nominated in the same FIR.

He added that the petitioner intends to surrender before a competent court for seeking pre-arrest bail. In response to the court’s query, the additional attorney general stated that in his opinion the Special Judge Central Islamabad is vested with jurisdiction since the FIR has been registered by the Federal Investigation Agency.

Justice Minallah noted in his written order that the question of jurisdiction obviously needs to be resolved and till then the petitioner seeks protection. He added, “Without touching the merits of the case and considering the intention of the petitioner to surrender before the court of competent jurisdiction, the petitioner is admitted to protective bail till the date fixed, subject to furnishing surety in the sum of Rs5,000/ with one surety in the like amount, to the satisfaction of the Deputy Registrar (Judicial) of this Court.”

The court further said that in the meanwhile, the petitioner may approach the court of Special Judge Central, Islamabad, in order to avail remedies provided under the law.

After issuing the directions, the IHC bench deferred the hearing until October 18.

Copyright Business Recorder, 2022