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LAHORE/ISLAMABAD: An anti-terrorism court (ATC) on Friday dismissed pre-arrest bail of PTI chairman Imran Khan in seven cases registered over his alleged involvement in the May 9 riots, including an attack on the Lahore corps commander’s residence.
In a separate case, the Islamabad High Court chief justice reserved verdict on Mr Khan’s request to transfer him to Adiala jail from Attock, where his lawyers claim he is “facing serious threats to life”.
The petitions were dismissed after Mr Khan’s counsel, Barrister Salman Safdar, failed to convince the court to exempt the PTI chairman from personal appearance due to his imprisonment in the Toshakhana case.
At the last hearing, the counsel had submitted an application for adjournment and to exempt his client from personal attendance as his current “circumstance was beyond his control”.
The application was fixed for hearing on Friday when Barrister Safdar again sought an adjournment saying he could not prepare his arguments.
He also stated the application should be accepted as after conviction, Mr Khan was in prison. For his appearance, a production order could be issued, Mr Safdar argued.
The ATC-III Judge Ejaz Ahmad Buttar observed the PTI chairman used to skip bail hearings even before going to jail.
In his written order, the judge said Mr Khan’s counsel failed to point out any specific provision of law based on which exemption from personal attendance in a pre-arrest bail can be granted after the imprisonment.
The court considered that conviction was not an explanation for adjournment with the order of exemption from personal appearance, rather it is a ground for dismissal of bail if the case is heard on merits, the judge observed.
The judge noted that the court already granted a short adjournment to the petitioner’s counsel for forwarding his arguments in this respect. No further adjournment could be granted as it would amount to misuse of process and extraordinary concession.
He maintained that as per the Supreme Court’s order in the case titled ‘Shahzaib and others Vs. The State’, the petitioner was bound to be present on every date of hearing in a case of pre-arrest bail.
The judge ruled the application was not maintainable and bail petitions in all cases were dismissed with similar observations.
The other cases include attacks on Askari Tower in Gulberg, Shadman police station, PML-N’s party office in Model Town and the torching of a container at Kalma Chowk.
IHC reserves verdict
Separately, IHC CJ Justice Amir Farooq has reserved verdict on Mr Khan’s transfer application, stating he will “issue an appropriate order” on it.
During a hearing on Friday, Punjab Assistant Advocate General Rao Shaukat and PTI chairman lawyer Sher Afzal Marwat appeared in court.
Mr Khan’s counsel said the trial court had sent Mr Khan to Adiala Jail but he was shifted to Attock Jail. Mr Shaukat then presented the transfer letter to Attock Jail on behalf of the Punjab government.
Later, during a press conference, Mr Khan’s lawyers Naeem Haider Panjutha and Ali Ijaz Buttar expressed “serious apprehensions” regarding the safety and security of the PTI chairman.
They said the former prime minister was facing serious threats to his life and demanded immediate steps to provide him with home-made food and other facilities.
Mr Panjutha said PTI’s legal team tried their best to meet with Mr Khan on Thursday but only his wife was allowed to meet him.
The counsel stated that it was their legal right to meet with Mr Khan as they needed his instructions regarding his various cases as well as signing the power of attorney to appear in court on his behalf.
Separately, PTI’s core committee on Friday held a virtual meeting chaired by vice chairman Shah Mehmood Qureshi.
The meeting denounced actions against the party’s chairman calling them “political victimisation”.
The core committee expressed resentment over “an illegal and unannounced ban” on the display and sale of PTI flags across the country.
The party leaders demanded that Mr Khan’s bail application Khan should be fixed for an immediate hearing to ensure his earliest release from “unlawful detention”.
Also on Friday, Lahore police sent mobile phones and other paraphernalia recovered from Mr Khan’s Zaman Park residence for forensic analysis.
An official told Dawn two mobile phones, a satellite phone and other items were recovered from Mr Khan’s home during the raid to arrest him on Saturday, which have been sent to Punjab Forensic Science Agency for analysis.
Asif Chaudhry also contributed to this report
Published in Dawn, August 12th, 2023
