ISLAMABAD: The Supreme Court (SC) on Monday barred authorities from arresting PTI Chairman Imran Khan until August 9 in the case related to the murder of senior lawyer Abdul Razzaq Shar in Quetta, while the former prime minister approached the Islamabad High Court, seeking to stop the ongoing Toshakhana case proceedings.
A three-judge Supreme Court bench, consisting of Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Mussarat Hilali, postponed further proceedings until Aug 9. During this period, authorities will not take petitioner Imran Khan into custody, as he was facing an FIR and a warrant of arrest regarding the murder of Quetta’s lawyer, Abdul Razzaq Shar.
At the outset of the hearing, presiding judge Justice Afridi while pointing towards senior counsel Sardar Latif Khosa, petitioner’s counsel, cited an adjournment request on behalf of Amanullah Kanrani, who was representing the son of Abdul Razzaq Shar.
Justice Naqvi also wondered whether the petitioner’s presence was required for the investigations, but Balochistan’s State counsel Pervez Bukhari responded in the affirmative.
PTI chief approaches IHC to stop Toshakhana proceedings; gets bail in case regarding marriage during Iddat
At the last hearing on July 20, the SC had ordered Mr Khan to submit before the court in person before seeking relief to quash the FIR and warrant of arrest issued against him.
On Monday, Justice Afridi observed that in view of the adjournment request, the court would give another date for two weeks, during which the court would start arguments on the objection regarding the formation of the Joint Investigation Team (JIT), but for the interregnum period, the court had to provide some relief to the petitioner.
Sardar Khosa, however, argued that his client did not accept the formation of the JIT, the composition of which also consists of the representatives from intelligence agencies such as the IB, ISI and the MI.
The state counsel requested the court to at least issue an instruction requiring the petitioner to join the investigations on the allegations.
However, Justice Afridi observed that the court would not pass any order, whereas Justice Hilali reminded that the petitioner himself had challenged the content of the FIR registered against him.
The court adjourned further proceedings for Aug 9 with a direction that the petitioner should not be arrested then.
PTI chief approaches IHC
Separately, PTI Chairman Mr Khan approached the Islamabad High Court (IHC), seeking to stop the ongoing proceeding against him in the Toshakhana case.
The trial is currently at its final stage, as the trial court is likely to conclude the proceeding during the current week.
Khawaja Haris Ahmed, counsel of Mr Khan, is cross-examining the key prosecution witness, Waqas Malik. There are only two prosecution witnesses, besides Mr Malik, who is the District Election Commissioner, the other witness is the custodian of the record.
Mr Khan requested the court to issue a stay order on cross-examination.
The petition stated that during the course of cross-examination, Mr Khan’s counsel sought a copy of Toshakhana’s proceeding conducted by the Election Commission of Pakistan (ECP); however, the trial judge rejected the request.
It requested the court to issue a direction to the trial court to summon the record. It further requested to stop the process of cross-examination until the record is produced before the trial court.
Trial court cross-examination
Meanwhile, Mr Khan appeared before the trial court seized with Toshakhana case.
Additional District and Sessions Judge (ADSJ) Humayun Dilawar continued cross-examination of the witness, Waqas Malik. While Mr Khan reached the newly constructed District Courts Complex amid tight security, someone threw a water bottle at Mr Khan. However, the bottle missed the target.
Bail granted
In another development, Senior Civil Judge Qudratullah granted bail to Mr Khan and his wife in a case related to their marriage during Iddat.
Mr Khan appeared before the court, but the counsel for Bushra Bibi sought her exemption, as she was supposed to appear in another case registered at Kohsar police station.
The court exempted her from personal appearance and adjourned further proceeding until July 26.
Published in Dawn, July 25th, 2023
