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Bring Imran Khan in ambulance if needed, rules LHC

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ISLAMABAD/LAHORE: The Lahore High Court (LHC) has ordered that Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan should be presented before it in an “ambulance if he is injured and cannot walk” as he seeks protective bail in a case. 

Justice Tariq Saleem Sheikh’s remarks came on Wednesday as he heard Khan’s plea seeking protective bail in a case lodged against him for protesting outside the Election Commission of Pakistan’s (ECP) office.

The PTI chief moved the high court after an anti-terrorism court (ATC) in Islamabad rejected his bail in the same case earlier in the day — after Khan failed to appear in person before it.

The PTI leader was booked in the case last year in October after the Toshakhana verdict was announced by the ECP, sparking countrywide protests. Khan had been on bail on medical grounds after he was injured in an assassination attempt in Wazirabad during a rally on November 3.

Not only had ATC summoned the PTI chief, but a banking court had also asked Khan to appear before it in the prohibited funding case. However, the Islamabad High Court (IHC) order the banking court to hold its verdict till February 22 — in a sigh of relief for the ex-prime minister. 

LHC hearing

At the onset of the hearing, Khan’s legal counsel contended that according to his medical report, it was difficult for the PTI chief to walk.

“Khan wants to appear in the relevant court, he contended, “however, according to the doctor, he will not be able to walk again for three weeks.”

Khan’s counsel then requested the court to grant him protective bail on medical grounds.

To this, Justice Saleem said, “the appearance of the suspect is necessary even in the case of a protective bail.”

He further said that in light of the problem, the PTI chief could come to the court in an ambulance.

Asserting that the law was the same for all regardless of power is prestige, the justice stated: “In principle, I should dismiss this petition, but I am making a concession.”

Khan’s lawyer then argued that there were “security concerns.” The court then offered to send police to bring Khan to the court to ensure his safety.

“The law is set,” the justice reiterated, “the suspect must appear before the court. If you so desire, I can ask the Punjab IG to ensure Khan’s security.”

He then ordered that Khan should be brought before the court by 8pm later today, adding that he was habitual of working late. The court then adjourned the hearing for some time.

Once the hearing resumed, PTI Senior Vice President Fawad Chaudhry appeared before the LHC and sought Justice Sheikh’s permission to speak.

In response, the judge said that since Fawad is not in the lawyer’s uniform, he cannot speak in the courtroom.

Then, Khan’s lawyer began his arguments and told the court that the IHC had also granted relief to the PTI chief on medical grounds as the doctors have not yet allowed the ex-prime minister to travel.

The judge then said that the first rule for protective bail is that the suspect should be presented before the court for seeking bail. The lawyer said that he would present his client via video link.

“Implement the procedure. However, if you guarantee that you will present your client in the morning, then I will adjourn the hearing till tomorrow,” the judge remarked.

“Whether you bring him on a stretcher or an ambulance, it doesn’t matter, but without his in-person appearance, I will not grant bail,” Justice Sheikh said.

Fawad intervened and asked the court to set tomorrow’s date for hearing arguments. The LHC declined and said that if Khan’s in-person presence is guaranteed, only then will the hearing be adjourned.

The lawyer then asked the court to allow him to consult with his client. The court then adjourned the hearing till 8:15pm.

ATC hearing and bail rejection

During the hearing, Khan’s lawyer Babar Awan highlighted that the additional sessions judge had granted interim bail to the PTI chief till February 27.

Awan requested the court to extend the bail, adding that Khan had tried to come but could not travel. “Imran Khan neither tried running away from the country nor the court,” he said.

The judge said that other accused should also be given relief if Khan was given relief for a bullet injury. At this, Awan said that the court should give last chance to his client. “I am willing to submit a surety bond of Rs10,000,” he added.

“Let me take instructions to withdraw the bail plea,” said the lawyer. The ATC judge remarked that the court will announce a verdict if the bail petition is not withdrawn.

Later, after waiting for the PTI chief, who was on interim bail, for more than an hour, Judge Raja Jawad Abbas Hassan of the ATC announced the verdict to cancel Khan’s bail.   

Banking court stopped from issuing verdict

The banking court had also summoned Khan at 3:30pm as his bail was about to expire in the prohibited funding case. But the PTI chief moved the IHC to seek the court from issuing a verdict.

The IHC has ordered the banking court not to issue its verdict on the bail plea of PTI chief Khan till February 22.

The court had asked Khan to appear before it in the prohibited funding case by 3:30pm at the expiry of his bail today, however, the former prime minister challenged the order in the high court.

A two-member bench, comprising Justice Mohsin Akhtar Kayani and Justice Tariq Mehmood Jahangiri, heard the PTI chief’s plea.

During the hearing, Khan’s lawyer Barrister Salman Safdar told the bench that the banking court had granted interim bail on October 17. He added that on November 3 the PTI chief was shot at during the long march in Wazirabad.

“Exemption was requested six times after the incident and 2 times before the incident,” said Khan’s lawyer. He added that his client never shied away from appearing in court, adding that the medical grounds and facts were before everyone.

The court, after hearing the arguments, issued a stay order and barred the banking court until February 22 from issuing a verdict in this regard. The bench also asked the counsel to submit a fresh medical report of the PTI chief at the next hearing.

What happened at banking court?

Today, when judge Rakhshanda Shaheen arrived at the court she directed the officials to empty the room as there were a lot of people present. The judge then ordered a break so the courtroom could be emptied.

When the hearing resumed, Khan’s lawyer Barrister Safdar started his arguments on the extension of the PTI chief’s interim bail for three weeks.

The lawyer told the judge that his client was over 70 years but was fit as he exercised regularly. He added that it takes three months for a young person to recover in case of a bullet injury.

Safdar also shared that his client was also exempted from appearing for biometric verification due to his old age. He then urged the court to grant the former prime minister exemption from appearing in the case for three more weeks. The lawyer also shared the x-rays of the PTI chief.

“We are only asking for three weeks so he can stand without support. If our plea is not heard then it must be written that our medical [assessment] is not correct,” said Safdar. He also added that the court must also write that the PTI chief was not hit.

The lawyer, before wrapping up his arguments, also informed the court that his client was not present in Islamabad at the moment.

Once Khan’s lawyer wrapped up his arguments, co-accused Tariq Shafi’s lawyer Mian Ali Ashfaq came to the rostrum.

Ashfaq contended that a criminal case cannot be filed in the prohibited funding case. “Even if the first information report (FIR) is admitted there will be no conviction,” claimed Ashfaq. He also asked if there was any statement or document which pointed out that the funds were prohibited.

He argued that a mosque is not bound to ask its donors about their source of income. The counsel added that even if Abraaj founder Arif Naqvi committed a crime then how can the party that collected the funds be declared criminal?

“It is alleged that the crime was committed by Arif Naqvi abroad. Arif Naqvi has been sentenced there, so what are we doing here?” asked the lawyer. He also claimed that the Federal Investigation Agency was hiding facts.

Shafi’s lawyer asked how his client, Imran Khan and Amir Kayani were at fault if Naqvi defaulted abroad. At this point, Judge Shaheen intervened and told the lawyer that he was giving incorrect arguments as the case was only related to bail.

“I am not giving any observation, this is only a case of bail,” said the judge. After the arguments of the counsels of the PTI chief and co-accused were wrapped up, special prosecutor Raja Rizwan Abbasi presented his arguments.

Abbasi said that it was contended in court that no one is questioned if they give funds to a mosque. “It only happens in Pakistan and not in the United Arab Emirates.”

After all the lawyers had spoken, the judge ordered Khan to appear in court by today.

“If Imran Khan does not appear then the law will take its course,” Judge Shaheen had warned.

Once the hearing resumed, Khan’s lawyer said that the high court has stopped this court from issuing orders on the bail plea. At this, the judge replied that she did not receive any order in this matter.

The lawyer said asked the judge to wait for the order till 4pm. To which the judge said she will if this order has been issued, saying that she will announce a decision otherwise.

“If the court does not issue a stay order, a verdict on the bail plea will be announced,” said the judge.

The banking court then sought a copy of the stay order issued by the IHC. The judge said that the copy will be verified once the court receives it. The hearing was adjourned till then.

Once the hearing resumed, Judge Shaheen confirmed that she had received the order from IHC and delayed the announcement of a verdict on the bail plea.

Politics

Imran Khan surpasses political rivals in popularity survey: Miftah

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  • Miftah, Abbasi, Khokhar testing waters for launch of a political party.
  • Khokar is more keen to launch the party than the other two.
  • There is space for launching a new political party, they believe. 

ISLAMABAD: Pakistan Muslim League-Nawaz (PML-N) leader Miftah Ismail has said that Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan had surpassed all political leaders in popularity in a recent opinion poll, The News reported on Wednesday.

Miftah along with Shahid Khaqan Abbasi, and Mustafa Khokhar, who had earlier come up with the idea of seminars on “Reimagining Pakistan”, is also presently testing waters for the launch of a political party.

Miftah told The News no decision has been taken as yet, but presently they are seriously thinking on the issue.

He disclosed that they had also done a public opinion survey in July this year, which showed Imran way ahead of all in popularity.

What Abbasi said about his political future in Pakistan Muslim League-Nawaz (PML-N) and about the need for a new political party is part of the trio’s strategy to test the waters before reaching a final decision.

Abbasi, Miftah, and Mustafa are presently discussing the launch of a political party with different people besides encouraging discussion on the issue in the media and social media to assess whether it is a doable option. 

Among the three, Khokar is more keen to launch the party than the other two who are not fully clear as yet whether they should do it or not.

All three, according to Miftah, agree there is space for launching a new political party in the present political situation. The question, he said, remains whether they have the capacity to attract people to join a new political party.

Through a leading entity, conducting public opinion polls, Miftah said they have also got a survey done to assess the popularity of different political parties and leaders. Their reading of the survey report made them reach the conclusion of a need for a new political party.

The three believe a significant number of voters, who are presently inclined towards Imran Khan and PTI for their rejection of PML-N, can be attracted by a new political party because neither the staunch supporters of Imran Khan nor of Nawaz would vote for any other political party.

In view of the post-May 9 difficult situations faced by Imran Khan and his party, the PTI, it is believed the new political party may attract significant voters (not the staunch supporters) of the PTI, who would never vote for PMLN or other political party in Punjab.

Among the three, Khokhar, left the PPP after the party’s leadership objected to his certain statements criticising powerful quarters. Miftah got the cold shoulder from the PML-N top leadership for publicly defending his economic solutions, which are different from that of Ishaq Dar’s.

Miftah also criticised Dar’s policies as finance minister and argued that he too was criticised as finance minister by Dar. However, his criticism of Dar’s policies has made him an alien to Sharifs.

Abbasi has started distancing himself from the PML-N top leadership for the last several months. The PML-N top leadership was keen not to let Abbasi drift from them, but the latter sounded dissatisfied with the politics of all the three leading political parties including PML-N.

Abbasi also did not show his keenness in the PML-N ticket for the next elections, while he had already declined to continue as senior vice-president of the party after Maryam Nawaz was announced as senior vice-president and chief organiser of PML-N.

On the direction of Nawaz Sharif, Maryam had visited Abbasi at the latter’s residence in Islamabad to convince him not to leave the office of senior vice-president of PMLN. Shahid had politely declined. Now, he appears to be quitting the PML-N anytime.

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Politics

What will happen when Nawaz Sharif lands in Pakistan?

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  • Nawaz Sharif to attend rally on Oct 21, appear before court the next day.
  • “Consultations being held on seeking protective bail from another court.”
  • Dastagir adds that Nawaz can get nation out of difficulties even today. 


LAHORE: The legal minds of Pakistan Muslim League-Nawaz (PML-N) are holding consultations on challenges party’s supremo Nawaz Sharif faces upon his return to the country, it emerged on Tuesday.

Speaking to Geo News, former federal minister Khurram Dastagir said that Nawaz will go to attend a rally at Minar-e-Pakistan after landing at the Lahore airport on October 21 and will appear before a court the next day.

However, he added, the party is holding discussions on legal matters for the intervening period between his arrival and appearance before the respective court and consultations are being held on seeking protective bail from another court [to avoid arrest].

The former prime minister has been in London since November 2019 after he left the country for medical treatment. He was serving a jail term in corruption cases when the Lahore High Court (LHC) allowed him to seek treatment from abroad.

On Monday, Interior Minister Sarfraz Bugti created a stir when he said that the PML-N supremo would be arrested upon return but backtracked his remarks following a strong response from the party.

The PML-N is preparing for a grand reception for Nawaz and plans to hold a massive rally of 1 million people in their stronghold — Lahore.

Dastagir, while responding to a question, said that the former premier had gone abroad on the permission granted to him by two courts and would enter with their approval.

“An appeal is pending before a court and Nawaz Sharif will pursue it upon return,” he said.

The former minister added that people should understand that those responsible for the corruption are those who have been doing political engineering since 2014.

“The situation was bad in 2013 but Nawaz Sharif brought the country out of the worst situation and even today, he can get the nation out of these difficulties.”

To a question, Dastagir said the 15-party coalition is responsible for the successes and failures of the 16-month government.

“PML-N’s 16-month performance is a story of pulling the country out of crises,” he added.

When asked about the reports of the formation of a new political party, he responded, “Shahid Khaqan Abbasi should have told that there is peace in Karachi today and credit goes to the PML-N.”

Referring to the spike in militancy in the country, the PML-N leader said the terrorism that is increasing today is because of Imran Khan and Arif Alvi who offered amnesty to the Taliban in 2021.

About a rumoured “secret” meeting of Shehbaz Sharif earlier this month, he said, “I do not know about the meeting in Gujranwala, I cannot deny or confirm it.”

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Pakistan

Senate committee recommends ECP hold polls within 90 days

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  • Committee recommends ECP announce polls schedule at earliest.
  • ECP official says preliminary delimitations will be published on Sep 27.
  • About 60 days are required for filing and disposal of representations, ECP.

ISLAMABAD: The Senate Standing Committee on Parliamentary Affairs has asked the Election Commission of Pakistan (ECP) to conduct elections within 90 days by reducing the time for filing representations for delimitation from 30 to seven days, The News reported.

In a meeting presided over by Pakistan Peoples Party (PPP) Senator Taj Haider, the committee also drew the electoral body’s attention towards its constitutional obligation of holding polls in the context of the National Assembly’s dissolution.

The Senate panel recommended that the commission announce the schedule of the election at the earliest to ensure clarity on the uncertainty around conducting elections.

Briefing the committee on the polls-related matters, ECP Secretary Omar Hamid Khan said the preliminary delimitations will be published on September 27. 

However, he explained a period of approximately 60 days will be required for filing and disposal of representations.

He told the committee that some 91,809 polling stations were to be established out of which 49,919 had been designated as sensitive or highly sensitive. 

He pointed out that out of the 49,919 polling stations, 17,411 had been categorised as highly sensitive and another 32,508 as sensitive while 41,809 (around 45%) were designated as normal.

He contended that the general election will encompass 266 National Assembly constituencies and 593 provincial assemblies’ constituencies. Moreover, he noted around 1 million polling staff will be required for the upcoming general election.

The committee inquired about the methods for the consolidation of results. The secretary of ECP said electronic devices having ECP-developed software will be used to send snapshots of Form-45 to returning officers and software was also equipped to keep track of time and place of snapshots in order to ensure the legitimacy of elections.

Regarding the use of funds for development schemes, Senator Haider emphasised that funds should be allocated to the approved schemes. The secretary ECP explained that there was no ban on development schemes approved prior to August 15.

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