ISLAMABAD: The Islamabad High Court (IHC) asked Pakistan Tehreek-i-Insaf chief Imran Khan on Wednesday to give an undertaking to the trial court that he would regularly attend hearings in the Toshakhana case.

Additional District and Sessions Judge (ADSJ) Zafar Iqbal had issued a non-bailable warrant for Mr Khan’s arrest on Monday (March 13) over his persistent absence from proceedings in the Toshakhana case and ordered police to produce him before the court on Saturday (March 18).

Imran Khan’s counsel Khawaja Haris Ahmed has given an assurance that the PTI chief would appear before the trial court on March 18 and requested the IHC to suspend the warrant.

Chief Justice Aamer Farooq of the IHC remarked that he would present a workable solution to this problem.

Lawyer says his client is ready to appear before court in Toshakhana case

The counsel contended that the PTI chief was supposed to appear before the court on Monday, but did not do so due to “various reasons”.

Applications were filed before the trial court, one for exemption and the other challenging the validity of the criminal proceedings. Both are pending before the court, Khawaja Haris added.

The counsel argued that issuance of the non-bailable warrant of arrest had spurred a law and order situation and things look dire in Lahore.

He further requested that non-bailable warrants of arrest be suspended as Mr Khan is ready to appear before the trial court on March 18.

But Barrister Jahangir Khan Jadoon, the Advocate General of Islamabad, and Additional Attorney General Barrister Munawar Duggal contended that even though an undertaking was a welcome gesture, it’s “difficult to believe keeping in view Imran Khan’s track record”.

They contended it would be only appropriate that the law takes its course.

ECP complaint

The background leading to the filing of the petition is that the Election Commission of Pakistan (ECP) had filed a complaint with the Sessions Court (West), Islamabad. The latter recorded statements and ordered issuance of summons. Due to non-appearance of the PTI chief, non-bailable warrants of arrest were issued by the trial court on March 7. This order was challenged before the IHC and was the subject matter of a criminal revision.

The IHC disposed of the criminal revision by suspending the non-bailable warrants of arrest till March 13, with a directive that the petitioner shall appear before the trial court on March 18.

Chief Justice Aamer Farooq of the IHC observed: “Despite an order of this court, the petitioner [Imran Khan] chose not to appear before the trial court and filed an exemption from appearance application in which the grounds set out for the same were security threats.

The trial court dismissed the application and reissued the non-bailable warrants of arrest.

He further observed: “The reasons mentioned in the exemption application are not cogent and were correctly rejected by the leaned trial court; rather on the same date, the petitioner held a rally in Lahore, which negates his stance regarding non-appearance due to security threats.”

However, as was argued and undertaken by the petitioner’s counsel that he had signed an undertaking committing himself to appearing in court on the date in question. This is a post-decision development, which needs to be taken into account by the trial court, said the IHC order.

Dwelling on the unrest in Lahore, the IHC Chief Justice noted: “At this juncture, it would not be out of place to observe that the law and order situation in Lahore is a sad state of affairs, where the state is being prevented from carrying out its obligation for complying with the orders of the court; such defiance of the law is not acceptable in any civilised society and the law needs to be adhered to by the citizens of any country, particularly by those at the helm.”

Justice Farooq held, however, that “since there is a post-order development, it is only appropriate that the matter be placed before the trial court, which issuedthe non-bailable warrants of arrest”.

Published in Dawn, March 16th, 2023