Islamabad: On the request to cancel the warrant of Imran Khan in the Tosha Khana criminal proceedings case, the District and Sessions Court Islamabad remarked that if Imran Khan still surrenders, I will now tell the IG not to arrest him. .
The case of cancellation of arrest warrant of Imran Khan was heard by Additional Sessions Judge Zafar Iqbal. Imran Khan’s lawyers Khawaja Haris and Faisal Chaudhry appeared before the court.
The judge asked why you are resisting. Lawyer Khawaja Haris said that it is necessary to arrest Imran Khan and bring him to court. The judge remarked that we want Imran Khan to come to court.
Khawaja Haris said that if you see the order of the High Court “as it is” and if you are satisfied, take the undertaking, Imran Khan will appear himself on March 18. Do not withdraw the warrant, suspend it so that Imran Khan himself appears before the court.
Judge Zafar Iqbal said that we will notice and ask the SHO of the police station, to which Khawaja Haris said that the situation in Lahore is bad, you should suspend the warrant. The judge remarked why the situation is bad and why you are not cooperating, there is so much loss and loss of crores of rupees. Khawaja Haris said that all this is the fault of the government.
The judge asked where is the undertaking original. Khawaja Haris said that we bring it, on which the judge remarked that just let it be as I was asking.
Lawyer Khawaja Haris said, “Is this strict enough to continue Imran Khan’s non-bailable arrest warrant?” The judge remarked that the arrest warrant is for the personal appearance of Imran Khan, lawyer Khawaja Haris said that Imran Khan himself is saying that he wants to come to court and he is not asking for immunity but wants to come to court.
The judge remarked that if there were bailable warrants, there would be no problem, but warrants are non-bailable.
Lawyer Khawaja Haris read out the decision of the Islamabad High Court. The judge remarked that the arguments you are giving are in accordance with a bailable warrant of arrest and the case has been secured.
The judge inquired that where has Imran Khan appeared in the court in a personal capacity? Where is the concept of undertaking? The decision of the Islamabad High Court has not yet been received by the Sessions Court through the judicial process. Why is Imran Khan not coming? what is the reason? According to the law, Imran Khan has to cooperate with the police and not resist.
Judge Zafar Iqbal remarked that by looking at the order of the High Court and looking at your application, the concept of undertaking is written on Kaha.
Khawaja Haris said that the concept of undertaking exists in Section 76. The judge remarked that in Section 76, it is written about bailable warrants and not about non-bailable ones, Islamabad High Court’s decision also states that the order should not be affected by illegal action.
Khawaja Haris said in his arguments that if we have to arrest, then why should we go to the High Court. The judge remarked that the High Court had restored my order. Khawaja Haris said that the High Court has written that you should look at the undertaking, see its security and then order and I think the High Court has taken a middle way, the High Court had told me that we will take a middle way.
Judge Zafar Iqbal remarked that if your client had said that I am going to court, he would have ended the case, if Imran Khan still surrenders, then I will tell the IG to arrest him. should be done
Lawyer Imran Khan said that Sir, this is what I am saying that wrong happened and wrong happened on both sides, the police were called from all over Punjab and attacked. Judge Zafar Iqbal remarked that the warrant can be canceled but give a solid reason for it, you are saying that the affidavit has come so the warrant should be canceled, a resistance could have been that you would have peacefully protested or placarded. would pick up
Imran Khan’s lawyer said that this is why we have come to you. The judge remarked that we have accused persons come to us and request to quash warrants and then we quash them. Lawyer Imran Khan said that if he has to come under arrest, then all this effort was not necessary. Imran Khan wants to appear in court, but what is the need of arrest for that, a case should be filed against the government, crores of rupees have been wasted. .
The judge remarked that the poor country has spent crores of rupees on warrants which should not have been issued as per the law.
The District and Sessions Court adjourned the hearing by summoning the Election Commission and the Police.
Resumption of hearing after adjournment
Additional Sessions Judge Zafar Iqbal resumed the hearing. Imran Khan’s lawyer Khawaja Haris and Barrister Gauhar came to the rostrum. The law officer of Islamabad Police appeared before the court.
The government lawyer said that the SHO who was supposed to execute the warrant is still in Lahore and the Election Commission’s lawyer is in the Peshawar High Court who will reach by 2.30 pm, on which the lawyer adjourned the hearing of the case till 2.30 pm. Requested.
Lawyer Khawaja Haris said that I am here and I am assuring the appearance of Imran Khan while my request is that the court should review the arrest warrant order. I am giving the undertaking on behalf of Imran Khan that on March 18, Imran Khan will appear. This court has the power that you can issue orders, if this court passes any other order then we will need some time and all these things have to be settled once and for all.
Judge Zafar Iqbal remarked that it was only a simple matter but it was confused, it is written in the law that he should have brought it directly to me and that was the end of the matter. Let me tell you that we want to take steps for your security, but we want the attendance to be done according to the law and when the matter goes to the Islamabad High Court, then we have to see that too. On the one hand, the High Court has said that our The order was right and when the High Court order comes, we don’t have much power.
Khawaja Haris said that while the High Court said that the order of the Sessions Court is correct, it said that it is a development after the order. We are ready to appear on March 18.
Lawyer Imran Khan said that the High Court has said that you can confirm the undertaking and take the surety bond, your order was okay but did not dismiss our petition and if there was nothing then the High Court dismissed our petition. would give
Khawaja Haris once again read out the order of the High Court. He said that the High Court has said that the trial court should look into the matter of the warrant, the High Court said that the court issues a warrant to ensure the presence of the accused and the High Court also said that the trial court should decide after seeing the undertaking.
Lawyer Imran Khan said that the High Court did not dismiss the petition but it dealt with the instructions, when we read the full judgment, the situation is after your order of 13 March. Imran Khan is saying that I will come, Sir you will also be honored, he will appear before the court, you should not cancel the warrant but temporarily suspend it or stop its execution. There is no question that Imran Khan will not appear after two days and last night also Imran Khan again assured that he will appear on March 18. It is not necessary to arrest and produce when they themselves are produced.
The Additional Sessions Judge remarked that let’s see Khawaja Sahib, believe me Khawaja Sahib, I find the resistance very strange and if there was no resistance, there would be no issue, there should not be a fight. The lawyer said that the police officers and those who are officials are getting the court order implemented, to which the judge remarked that you are their legal team, tell them they should not have resisted.
Khawaja Haris said that the police have registered a case of this incident and my request will be that this court should see the Lahore incident to be merged with it. As of yesterday, Imran Khan is ready to appear and it is better if Imran Khan appears without arrest.
Election Commission’s lawyer said that two of our lawyers are in Lahore and Peshawar, Election Commission’s lawyer Saad Hassan will arrive from Peshawar by 2:30.
Lawyer Sher Afzal Marwat said that I have brought some decision that the warrant can be canceled even in absence, there is no concept of non-bailable warrant in the Criminal Code. Lawyer Khawaja Haris said that we are not challenging your warrant order.
The court adjourned the hearing till half past noon. The representative of the Election Commission requested to adjourn the hearing until 2:30.
It should be noted that the warrant cancellation application could not be filed due to the expiry of court time yesterday. The Islamabad High Court had ordered Imran Khan’s lawyers to file an application in the trial court and the High Court had ordered the trial court to decide after looking at the affidavit.
Additional Sessions Judge Zafar Iqbal had restored the non-bailable arrest warrant of Imran Khan on March 13 for his non-appearance, while the local court has ordered to produce Imran Khan on March 18.
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