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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.

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Imran Khan appears before LHC to seek protective bail in two cases

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Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Tuesday appeared before the Lahore High Court (LHC) to seek protective bail in two terrorism cases filed against him in Islamabad. 

The former prime minister, who left his Zaman Park residence a while ago, is on his way to the high court. 

Two cases were registered against Khan and several PTI leaders in Islamabad’s counter-terrorism department (CTD) and the Golra police stations.

Cases were registered following clashes between the PTI workers and the police outside Federal Judicial Complex after Khan reached there to appear before a trial court to attend the hearing of Toshakhana case last week.

According to the police, the protesters resorted to arson and vandalism, and attacked the law-enforcement officials who were performing their duty to maintain law and order in the capital.

The FIR stated that the workers destroyed a police checkpost and broke the main gate of the judicial complex.

As many as 18 people were arrested for arson, pelting stones, and vandalising the judicial complex’s building, said the FIR.

“About two police vehicles and seven motorcycles were burned, and the official vehicle of the station house officer (SHO) was damaged,” it added.

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Imran Khan’s nephew Hassaan Niazi arrested for ‘misbehaving with police’

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  • Niazi shifted to undisclosed location, police sources say.
  • PTI claims Imran’s focal person had obtained bail in all cases.
  • Islamabad police deny arresting 10-year-old during raid.

Hassaan Niazi, the nephew and focal person of Pakistan Tehreek-e-Insaf Chairman Imran Khan on legal affairs, was arrested from outside an anti-terrorism court in Islamabad on Monday, police officials told Geo News.

He was arrested for “misbehaving with the police and resisting” at a checkpost, police sources said, adding that he has been shifted to an unknown location.

Niazi’s arrest came after his appearance at the ATC where a hearing of cases registered at Islamabad’s Ramna police station against PTI leaders and workers was being held.

Meanwhile, Advocate Faisal Chaudhry has filed a petition in the Islamabad High Court (IHC) for the release of the PTI leader. The petition stated that “police abducted Hasaan Niazi from the premises of Judical Complex after he obtained bail in a case.”

Senior PTI leaders including Shibli Faraz, Omar Ayub, Raja Khurram, Aamir Mehmood Kiani, and Farrukh Habib also appeared before the court of ATC judge Raja Jawad Abbas for obtaining bail which was approved.

The bail applications have been approved till April 3 against surety bonds worth Rs50,000.

During the hearing of the cases, the ATC judge remarked: “There are so many suspects that [we] will have to check the history back and forth.”

All of the aforementioned leaders as well as the party’s workers had been booked under terrorism charges for the violence that erupted outside the judicial complex on Saturday where Khan had appeared in the Toshakhana case.

The PTI workers had clashed with police and caused damage to public property. They also set fire to 10 police motorcycles outside the judicial complex and overturned a police officer’s car.

Hassaan Niazi “abducted”, PTI claims

Meanwhile, the PTI claims that Khan’s focal person on legal affairs has been “abducted” by Superintendent of Police Nosherwan Ali Chandio, despite securing bail on all cases registered against him.

“It is the peak of police brutality. Hassaan Niazi, a lawyer whose bail was just approved by the court, has been abducted,” the party tweeted.

“Barrister @HniaziISF has been abducted illegally by @ICT_Police’s SP Nausherwan despite being on bail. We condemn this fascism and demand his immediate release,” the Insaf Lawyers Forum tweeted.

The forum demanded that the country’s chief justice take notice of this “blatant violation of laws.

“The Rule of Law in Pakistan stands suspended,” the tweet read.

PTI leader Farrukh Habib wrote that the police were deployed on both sides of the ATC, so that “they could arrest” them.

“According to lawyers, the police repeatedly said that they have received special orders to pick up Hassaan Niazi and Farrukh Habib. The lawyers informed me about their intentions; I dodged them and escaped after securing bail,” he wrote on Twitter.

PTI Senior Vice-President Fawad Chaudhry, taking to Twitter, called Niazi’s arrest “unacceptable”.

“Arrest of @HniaziISF is unacceptable, he has been arrested from Court premises despite bail call upon ILF lawyers and Bar Associations to join in the protest,” Fawad wrote in his tweet.

Condemning the development, the party’s secretary general Asad Umar said that the Constitution seems suspended following Niazi’s arrest.

“Hassaan Niazi has been arrested despite getting bail from the court. The Constitution now appears to be suspended,” his tweet read.

ICT rubbishes claims of “children arrested”

Meanwhile, a spokesperson of the Islamabad police has rubbished the PTI’s claims of arresting a 10-year-old terming it “propaganda” against the police and other law enforcement institutions.

“Police have not arrested any 10-year-old minor child. A hateful propaganda is being carried out on social media to stop [us] from fulfilling our lawful duties,” the spokesperson said.

The ICT added that the police are performing their responsibilities while remaining within the scope of the law.

“The law is equal for all. Parents should keep their younger children away from crowds,” the spokesperson stated.

Earlier today, the PTI chief also claimed that the police in Islamabad raided homes without warrants to abduct PTI workers and “picked up” their children as young as 10 years old when the workers weren’t at home.

“Fascism at unprecedented levels with police in Islamabad raiding homes without warrants to abduct PTI workers. Where the worker is not present, children as young as 10 yrs are picked up,”

Khan further demanded the “immediate release” of his party’s workers and their children.

“We demand the immediate release of all our workers and their children who have been abducted,” he wrote in his tweet.

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PDM huddle to discuss future course of action today

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  • Meeting summoned after Shehbaz’s meeting with Maryam.
  • PML-N supremo Nawaz Sharif to participate via video link.
  • Schedule of next general elections to be discussed in meeting.

ISLAMABAD: Amid a worsening political crisis in the country, Prime Minister Shehbaz Sharif has convened an urgent meeting of his coalition partners today to discuss the future course of action vis-à-vis Pakistan Tehreek-e-Insaf Chairman Imran Khan, sources said.

The huddle was summoned after the premier’s meeting with Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz in Lahore.

Officials, privy to the meeting, shared that Maryam held a detailed meeting with the premier and discussed the party’s future strategy to deal with the PTI chairman.

Sources said both the leaders discussed in detail the recent incidents at Zaman Park and Imran Khan’s visit to Islamabad. 

“They also discussed providing relief to the citizens during the holy month of Ramadan apart from the political and economic situation of the country.”

It was decided in the meeting that Shehbaz would call a meeting of the allied parties of the PML-N government and brief them to about the situation. 

PML-N supremo Nawaz Sharif would also participate through a video link.

Sources said the schedule of the next general elections will also be discussed in the meeting and recommendations will be sought from the leadership of allied parties.

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