Toshakhana case: Islamabad court ready to order IG against Imran's arrest if he surrenders

ISLAMABAD: If Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan still surrenders, I will order the inspector-general not to arrest him, an Islamabad district and sessions court judge remarked while hearing the Toshakhana case on Thursday.

The hearing was being conducted in the court of additional sessions judge Zafar Iqbal.

As it started, Imran Khan's lawyer Khawaja Haris read out the Islamabad High Court's (IHC) decision to uphold the arrest warrant against Khan. Khan's counsel requested the court to either suspend the issued warrants or issue bailable arrest warrants.

The judge said that the decision of the high court has not yet been received by the sessions court through judicial procedure. "The problem can be solved in a second. Where is Imran Khan? Has Imran Khan presented himself before the court?" the judge asked.

At this, Haris asked the judge whether it was important for the former prime minister to appear before the court in person.

"We want Imran Khan to appear before the court. Why isn't he presenting himself before us? What's the reason behind it?" he asked, noting that in line with the law, Khan should assist the police and not resists it.

PTI workers and police clashed for nearly 24 hours as Zaman Park virtually became a battleground, with the law enforcers trying to get through supporters and arrest Khan, who was voted out as the prime minister last April.

Scores of people — including police personnel and PTI workers — were injured in the process as the law enforcers fired teargas and party supporters resorted to throwing Molotov cocktails.

Legal proceedings against Khan began after he was ousted from office in a parliamentary vote early last year. Since then, he has held nationwide protest rallies demanding a snap election, during one of which he was shot and wounded.

'Police can't sit idle when arrest warrants issued'

Imran Khan made a scene by resisting [arrest], the judge said during the hearing today, adding that the IHC's order also mentions that the lower court's order should not be affected through "illegal actions".

The judge also remarked that there "would be no issue" if the warrants were bailable, but the warrants issued against Khan were non-bailable. "The arguments you have presented are related to bailable arrest warrants," the judge told the lawyer.

Harris then asked the judge whether he wanted to remain stern and keep Khan's arrest warrants active. At this, the judge added that the warrants were issued to ensure Khan's in-person presence.

The lawyer then added Khan himself has said that he wants to appear before the court and he is not seeking any exemptions.

You have two options, Harris said, adding that the first option is to suspend the non-bailable warrant by accepting the undertaking request, and the second is to accept the surety and issue a bailable arrest warrant.

The PTI's lawyers, requesting to suspend the arrest warrants, said that Khan wants to give an undertaking to the court that he will appear in the session court on March 18.

The judge then said the Election Commission of Pakistan (ECP) should also be issued a notice. At this, the lawyer said that the court should issue the notice and summon the election commission today.

Judge Iqbal also asked Khan's counsel why the situation in Lahore's Zaman Park was so "bad". "This warrant has become not only the most expensive in Pakistan but the world. The government has spent millions of rupees to follow through on this warrant."

Khan's counsel lamented that whatever is happening at Zaman Park should not have taken place, and at this, the judge said that Khan should have been brought straight to the court.

"It is not possible that Imran Khan is harassed when he appears before the court. We are a poor country and it is not feasible to spend millions of rupees on a warrant."

The judge added that if the PTI chief surrenders himself to the authorities, then he would tell the police to stand down and asked the counsel what could be amended in Khan's warrants.

Harris then pleaded that Khan is giving an undertaking and that the court should suspend his warrants. "The warrants were issued in line with the law, then why did [authorities] face resistance? It is the nation's money. The most you could have done was to hold a peaceful protest."

The judge said in criminal cases, suspects appear before the court and once they do, the non-bailable arrest warrants are suspended. "The police can't sit idle when arrest warrants are issued for March 18."

The judge then added that he was issuing a notice to the ECP and adjourned the hearing till 12pm.

Once the hearing resumed, Law Officer Tahir Kazim told the court that the investigation officer in the case was in Lahore and the election commission's counsel will appear before the court at 2:30pm.

Khan's lawyer urged the court to use its authority and suspend the arrest warrants and if the judge were to restore the warrants at 2:30pm, then the counsel required time to file an appeal against it.

Harris said that the court should make a decision after analysing all the aspects. In response, Judge Iqbal said that the court's decision was valid and in line with the law.

The judge said had Khan presented himself before then the situation might've been different as his absence has complicated matters. "The court wants to completely cooperate with Imran Khan and it does not wish for any harm to him, however, there were laws to be followed."

The court said that it has to follow IHC's orders, which mentioned that the trial court's decision of issuing the arrest warrants was legally justified.

The PTI chief's legal counsel then reiterated his appeal of suspending Khan's warrants and asked the court to issue bailable arrest warrants. He also mentioned that the IHC has asked to consider the undertaking as well.

"Imran Khan will not once, but present himself multiple times before the court. Imran Khan will appear before the court on March 18 as well," Harris said.

The court then said that it was "very strange" of Khan to resist arrest and noted that violence should not have taken place.

The judge then adjourned the proceedings till the appearance of the ECP's lawyer.

When the hearing resumed again, Islamabad Inspector General of Police Akbar Nasir Khan said police representatives were not allowed to meet the former prime minister.

The IGP said that "no one" from the PTI leadership spoke to Islamabad police and instead, Molotov cocktails were thrown at them. "Police personnel, who were at Zaman Park to implement court orders, were tortured."

He added that the personnel were not carrying any weapons and asked the court what answer would he give to the families of the law enforcers who were injured.

"In the past, it was not unusual for the police to arrest someone from their house and present them before the court. If one person is given exemptions, then others should be given the same as well."

The judge asked the IG how much damage was incurred to state property. Khan told the court that 65 policemen were injured and the police's water cannon was burnt.

ECP lawyer Saad Hassan termed the demand of suspending Khan's arrest warrants "ridiculous" and noted that until a suspect does not present themself before the court, their warrants cannot be suspended. He then demanded the court keep his warrants intact.

The court reserved its verdict on the PTI plea.