LAHORE: In a late-night order on Monday, an anti-terrorism (ATC) court sent PTI founding chairman Imran Khan on a 10-day physical remand for investigation over his alleged involvement in violence on May 9.
A joint investigation team (JIT) will question Mr Khan in 12 cases, including the attack on the Lahore corps commander’s residence.
During the proceedings, Mr Khan virtually appeared in the court via a WhatsApp video call from Adiala jail, Rawalpindi.
Prosecutor Rana Muhammad Azar informed the judge that Mr Khan had been nominated in 12 cases and sought his remand for investigation.
Ex-PM appears in court via WhatsApp call; rejects charges against him; Shah Mehmood Qureshi indicted in arson case
The PTI founder’s lawyers, Usman Gill and Advocate Azhar Siddique, argued that physical remand cannot be granted when the accused appears in the court through a video link.
Judge Khalid Arshad observed that according to different courts’ decisions, proceedings for physical remand can be conducted via video link.
When the judge asked the prosecutor why Mr Khan couldn’t physically appear in the court, he cited security reasons.
Advocate Siddique said the government had not issued any notification for his client’s appearance via a video link.
Gill said the law does not permit judicial proceedings to be conducted through mobile phones.
The law states that judicial proceedings can be conducted using available resources, he argued, adding that a video link facility is available in the court which should be used to hear the accused during remand proceedings.
Later, the court adjourned for a brief break after which the prosecutor presented a government’s notification at 9pm which permitted Mr Khan’s appearance in court cases through video link due to security reasons.
Advocate Gill objected to the notification’s copy, saying the prosecution received it over WhatsApp.
He further stated that the notification could be implemented to the extent of trial proceedings, and not that for physical remand.
Judge Arshad then directed the prosecutor to present the original hard copy of the notification.
Advocate Siddique said it was too late to continue the proceedings, but the judge interjected that hearings for physical remand could be conducted even till midnight.
The prosecutor asked the court to allow a 30-day physical remand on which the judge reserved his verdict and announced it around 10.35pm, allowing a 10-day physical remand of the former premier.
‘All footage wiped out’
Earlier, while addressing the judge, Mr Khan rejected the charges against him, saying he did not incite anyone.
He alleged that all CCTV footage from places where violent incidents took place on May 9 had been erased.
According to Mr Khan, those who attacked Capitol Hill in Washington DC in 2021 were sentenced based on video evidence.
He claimed his party workers were peaceful on May 9, and they were “attacked by law enforcement agencies”.
I have filed an application for a judicial inquiry into the May 9 incidents, and it was still pending before the court, the PTI founder said in the court.
While talking about his arrest, which resulted in violent protests on May 9, the PTI leader said security personnel took him into custody after breaking the glass of a room in the IHC.
Judge Arshad told Mr Khan that the court will include his statements in the proceedings.
ATC indicts Shah Mehmood
Earlier, Judge Arshad indicted former foreign minister Shah Mahmood Qureshi in a case related to an attack on Shadman police station during the May 9 riots.
The PTI leader, who has been incarcerated in Rawalpindi’s Adiala jail, was brought to Lahore’s Kot Lakhpat prison for the hearing.
During the hearing inside the prison, a special prosecutor read the charges to which Mr Qureshi pleaded not guilty and decided to contest them.
The judge directed the prosecution to present its witnesses at the next hearing on July 22. After the hearing, officials took Mr Qureshi back to Adiala jail.
Published in Dawn, July 16th, 2024
