The IHC did not suspend the arrest warrants in the Toshakhana case and directed the PTI chief to move the trial court.
IHC Chief Justice Aamer Farooq had reserved the verdict after hearing arguments on the plea fixed on an urgent basis.
During the hearing earlier, Khan’s counsel Khawaja Haris told the court that they have challenged the March 13 order of a district and sessions court in Islamabad. The IHC had earlier suspended the arrest warrant issued by the trial court, he added.
He added that the court had directed the PTI chief to appear before the court on March 13 however he was unable to do so.
“Where was he that day?” asked Justice Farooq.
The lawyer responded that he was at his home, adding that they told the trial court that the complaint was not maintainable.
“The issue is not of a warrant being issued again. The court had directed him to appear on March 13 or the warrant will be restored,” the IHC CJ told the court.
Harris then told the court that the complaint was registered incorrectly as the officer who filed the complaint did not have the authority to do so.
“As per law, Election Commission can file a complaint,” said Haris. He added that the election commissioner or any other officer can be given the authority to file the complaint.
“Legal requirements were not fulfilled in this regard. In such a situation, the process of issuing a warrant is also not valid,” the counsel argued.
“It was still necessary to appear in court,” observed IHC CJ.
The lawyer then told the court that whatever was happening in Lahore was unfortunate, adding that Imran Khan was willing to give an undertaking and appear in court at the next hearing.
“Respect and dignity of the courts is very important. It is very important for us that the law should be the same for all,” remarked the IHC CJ. He also asked what image of Pakistan was being portrayed.
“We use to hear that this happened in tribal areas. What are we trying to show to the world that we will not implement the law?” said the IHC CJ.
“But where will they keep him [Imran Khan] for four days,” asked Haris.
In the meanwhile, the advocate general of Islamabad told the court that if the PTI chief does not appear in court on March 18 then the charges won’t be farmed on Haris. He also asked if he would quit the legal profession if his client does not show up on March 18.
“It is the first time that he has given an undertaking for anyone,” said the government lawyer. He added that the relief was to be given to the petitioner and his conduct was in front of everyone.
At this point, the additional attorney general interjected and said: “A similar undertaking was given earlier. Even at that time, the high court suspended the warrant, but then he did not appear.” He added that the execution of the court order was necessary.
“Is whatever happening in Lahore correct?” the judge asked.
Khan’s counsel responded that it was not right.
Justice Farooq then remarked that a political party’s workers were attacking the police, adding that it was an attack on the state.
“Policemen are performing their duties on behalf of the state,” said the IHC CJ. He also asked if anyone in the United Kingdom could touch a policeman’s uniform.
The court then reserved the verdict.
