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Imran Khan's bail rejected after his failure to appear in ECP protest caseBreaking

February 15, 2023

Legal troubles for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan multiplied Wednesday when an anti-terrorism court (ATC) in Islamabad rejected his bail in a case registered against the former prime minister for protesting outside the Election Commission of Pakistan (ECP). Earlier, the court had directed the PTI chief to appear before it by 1:30pm, and rejected his plea to grant an exemption from personal appearance.

Separately, a banking court in the federal capital has also summoned Imran Khan to appear in person in the prohibited funding case by 3:30pm. Judge Raja Jawad Abbas Hassan of the anti-terrorism court announced the verdict after waiting for the PTI chief, who was on interim bail, for more than an hour. However, the former premier can challenge the order in Islamabad High Court (IHC) to avoid arrest.

During today’s hearing, Khan's lawyer Babar Awan highlighted that the additional sessions judge had granted interim bail to the PTI chief till February 27. Awan requested the court to extend the bail, adding that Khan had tried to come but could not travel. "Imran Khan neither tried running away from the country nor the court," said Khan's lawyer.

When Judge Rakhshanda Shaheen arrived at the court she directed the officials to empty the room as there were a lot of people present. The judge then ordered a break so the courtroom could be emptied. When the hearing resumed, Khan’s lawyer Barrister Salman Safdar started his arguments on the extension of the PTI chief’s interim bail for three weeks.

The lawyer told the judge that his client was over 70 years old but was fit as he exercised regularly. He added that it takes three months for a young person to recover in case of a bullet injury. Safdar also shared that his client was also exempt from appearing for biometric verification due to his age. He then urged the court to grant the former prime minister exemption from appearing in the case for three weeks.

The lawyer also shared the x-rays of the PTI chief. “We are only asking for three weeks so he can stand without support. If our plea is not heard then it must be written that our medical [assessment] is not correct,” said Safdar. He also added that the court must also write that the PTI chief was not hit with bullets.

The lawyer, before wrapping up his arguments, also informed the court that his client was not present in Islamabad at the moment. Once Khan’s lawyer wrapped up his arguments, co-accused Tariq Shafi’s lawyer Mian Ali Ashfaq came to the rostrum. Ashfaq contended that a criminal case cannot be filed in the prohibited funding case.

“Even if the first information report (FIR) is admitted there will be no conviction,” claimed Ashfaq. He also asked if there was any statement or document which pointed out that the funds were prohibited. He argued that a mosque is not bound to ask its donors about their source of income. The counsel added that even if Arif Naqvi committed a crime then how can the party that collected the funds be declared criminal?

“It is alleged that the crime was committed by Arif Naqvi abroad. Arif Naqvi has been sentenced there, so what are we doing here?” asked the lawyer. He also claimed that the Federal Investigation Agency was hiding facts. Shafi’s lawyer asked how his client, Imran Khan and Amir Kayani were at fault if Naqvi defaulted abroad. At this point, Judge Shaheen intervened and told the lawyer that he was giving incorrect arguments as the case was only related to bail.

“I am not giving any observation, this is only a case of bail,” said the judge. After the arguments of the counsels of the PTI chief and co-accused were wrapped up, special prosecutor Raja Rizwan Abbasi presented his arguments. Abbasi said that it was contended in court that no one is questioned if they give funds to a mosque. “It only happens in Pakistan and not in the United Arab Emirates.” After all the lawyers had spoken, the judge ordered Khan to appear in court by today. “If Imran Khan does not appear then the law will take its course,” warned Judge Shaheen.

Credit : Independent News Pakistan-INP