LAHORE: An anti-terrorism court (ATC) has declared that the charges of abetting and conspiring with the perpetrators of the May 9 riots against PTI founding chairman Imran Khan are not ordinary in nature.

“The offences fall within the prohibitory clause of Section 497 of CrPC. Petitioner was found guilty,” ATC-I Judge Manzer Ali Gill stated in a written order issued about the post-arrest bail petitions of the former prime minister in eight cases of May 9 riots. The petitions were dismissed on Nov 27.

The cases include an attack on the Jinnah House, which also serves as residence of Lahore corps commander.

The judge noted that the entire case of the prosecution revolved around the stance that due to the criminal conspiracy and abetment of the petitioner (Imran Khan), the PTI workers and other senior leadership committed the occurrence. Therefore, he said, the contention of the petitioner’s counsel that his client was behind the bars at the time of offence had no weight.

In its order, court says PTI founder’s directions were strictly followed by his supporters

The judge also rejected another stance taken by the counsel that the petitioner’s post-arrest bail in so many other cases had already been allowed by different courts. The judge observed that each and every case should be decided on its own merit as the severity and the way of commission of offence in all the cases were different. He said the court was also of the view that while deciding the bail petition in each and every case, the courts always avoided to thrash the whole prosecution case.

Judge Gill noted that the superior courts in Pakistan always appreciated the tentative assessment while deciding the bail petition and deeper appreciation should always be discouraged. He said the petitioner’s lawyer also relied upon different case laws, which were duly replied to by the prosecution, saying it was not an ordinary case of fight etc.

“This court also is of the view that it is not an ordinary case of abetment, instigation or conspiracy,” the judge remarked in the order and stated that being the founding chairman of the PTI, the petitioner’s speeches and directions were strictly followed by his workers and supporters.

The judge observed that as per record of the case, the petitioner was nominated in the FIR with the allegation that he, being the chairman/founder of Pakistan Tehreek-i-Insaf, hatched a conspiracy with other senior leadership of his party at 2-Zaman Park Lahore that if he would be arrested, all senior party leadership would further instigate the public and workers of party to attack the state machinery as well as military installations throughout Pakistan.

The judge mentioned that the prosecution placed statements of the witnesses to prove the allegation of hatching a conspiracy and audio/visual evidence to establish the charge of instigation and abetment against the petitioner.

“It is also in the mind of this court that the petitioner is not an ordinary man. He is chairman of PTI and his directions and communication carries weight to the workers, other senior leaders, voters and supporters. None from the other leadership of PTI even think about to deny or reject the directions and command of the petitioner being chairman/founder of the party,” the judge observed.

He said police record showed that other than the incidents in hand, dozens of similar episodes took place on the same day. And in all such incidents, only the army installations, government institutions and police officials were attacked by the protesters, he added.

Dismissing the bail petitions, Judge Gill admitted the argument of the prosecution that Imran Khan at his Zaman Park residence hatched a conspiracy, which resulted in the commission of offences before the court.

These post-arrest bail petitions were filed after the Lahore High Court on July 25 quashed physical remand of the former prime minister in 12 cases.

Later, ATC-III Judge Arshad Javed on Nov 8 had granted post-arrest bail to Imran Khan in four cases, including burning the PML-N office in Model Town, a container near Kalma Chowk, police vehicles in Gulberg, and violence at Sherpao Bridge during the May 9 riots.

Published in Dawn, December 1st, 2024