ISLAMABAD: The Islamabad High Court on Tuesday suspended the arrest warrant issued against former prime minister Imran Khan for ‘avoiding’ criminal proceedings in Toshakhana case, but directed him to appear before the trial court by March 13 or face the proceeding of declaring him a proclaimed offender.

IHC Chief Justice Aamer Farooq issued the order while hearing the PTI chairman’s petition challenging the issuance of non-bailable arrest warrant by Additional District and Sessions Judge Zafar Iqbal.

Justice Farooq warned the PTI chief that in case he failed to appear before the trial court by March 13, he would face the proceeding of declaring him a proclaimed offender and seizure of his properties.

Mr Khan’s counsel argued that his client is “ready and willing to face trial; however, due to security threats, he is not able to attend the court.” He requested that “if reasonable time is allowed, the petitioner shall enter appearance before learned trial court”.

Justice Farooq asked the counsel to seek instructions from Mr Khan as to what reasonable time should be allowed and adjourned the proceedings for half an hour.

The counsel later informed the court that Mr Khan requires at least four weeks’ time to appear in person.

The court order pointed out that “in somewhat similar circumstances, retired Captain Muhammad Safdar, who was facing NAB reference, was ordered to be arrested and produced before learned trial court and was released on personal surety”.

The IHC chief justice noted that Mr Khan “never appeared personally before the [trial] court on a single date and exemption from appearance was sought. On Feb 28, 2023, the case was taken up a number of times firstly, in the morning, then at 2pm and lastly at 3:30pm and due to persistent absence of the petitioner, the order for issuance of non-bailable warrants was made”.

The high court, while suspending the arrest warrant, directed Mr Khan that he “shall positively appear before learned trial court to face the proceedings. In case, the petitioner does not tender appearance on the date in question, suspension shall cease to have effect and the learned trial court shall be at liberty to proceed in accordance with law”.

IHC chief justice observed that “an opportunity is allowed to the petitioner for making appearance without the hanging sword of relevant police officer arresting him to produce before the court or initiation of procedure under Sections 87 & 88 of the Code of Criminal Procedure (CrPC)”.

Published in Dawn, March 8th, 2023