ISLAMABAD: Dismissing a plea seeking exemption from appearance in the court on medical grounds, a district and sessions court of the federal capital city on Wednesday issued a non-bailable arrest warrant for Khyber Pakhtunkhwa (KP) Chief Minister Ali Amin Gandapur in the case pertaining to possession of illegal arms and liquor.
The civil judge, Shaista Khan Kundi, directed the Barakahu station house officer (SHO) to arrest Gandapur and produce him before the court.
Judge Kundi said the case was called thrice since morning and the suspect still did not show up.
Assistant to the lawyer, Fatahullah Burki said the chief minister could not turn up before the court due to the situation of floods.
Hasan, on the other hand, said he would submit a medical report about Gandapur as he was unwell.
Expressing bewilderment over the contrasting statements, the judge remarked: “You said he was not doing well while your assistant said it was due to flood that he could not appear.”
Judge Kundi said she previously gave relief to the KP CM on the last hearing as well and adjourned the hearing for a long time as requested.
The lawyer said their acquittal plea was still pending before the court. The judge replied acquittal would not be granted, as per the Supreme Court ruling, if the case was on its last stages; hence, it would be disposed of on merit.
She added that it was for the eighth time that a statement could not be recorded under Section 342. “Then you say that you are not given a free trial,” she maintained.
The lawyer maintained it was injustice [to not grant him acquittal] as the suspect was a provincial chief minister. The court said if the suspect was innocent, he should be brave and face the trial.
The case has been adjourned till tomorrow (Thursday).
A case was lodged against the Pakistan Tehreek-e-Insaf (PTI) leader after recovery of five Kalashnikov rifles, a pistol, six magazines, a bullet-proof vest, three teargas shells, and bottles of alcohol in October 2016.
Gandapur, who then served as a provincial minister in KP, was charged under the illegal arms and anti-drugs laws after illicit arms and a bottle of liquor were allegedly recovered from his car.
A local court in Islamabad on March 7 this year overturned the trial court orders declaring KP CM Gandapur a "proclaimed offender" in the said case registered against him in Barakahu police station.
Earlier, a trial court had declared Gandapur an absconder for evading the law in the case.
District and Sessions Court Judge Shahrukh Arjumand had nullified the trial court's order over a review petition filed by the suspect.
The petitioner's lawyer had informed the court that Gandapur couldn't appear in court because of his official engagements as the new KP chief minister. He had requested the court to exempt Gandapur from the proceedings hearing that day.
The lawyer had stated that the trial court had declared Gandapur a proclaimed absconder for continuously skipping the proceedings in the case. He had said that Gandapur hadn't received the court's summons due to non-compliance by the process server, designated for delivering the legal documents.
Accepting the request, the sessions judge had directed the lawyer to submit surety bonds worth Rs50,000 on Gandapur's behalf and present a local person as the guarantor.
The court had then remanded the case back to the trial court while overturning its orders declaring Gandapur an absconder and adjourned the hearing till March 14.
Meanwhile, an anti-terrorism court (ATC) today adjourned the hearing of the case against KP chief minister pertaining to an attack on the Judicial Complex, Islamabad, on the basis of a medical certificate.
Submitting the medical certificate, Raja Zahoorul Hasan, Gandapur’s counsel, said his client could not appear before the court as his health condition was not well.
“Ali Amin Gandapur is suffering from pain in his leg and doctor has advised him to take rest for one week,” he said in response to the judge’s query why Gandapur did not appear for the hearing despite his lawyer’s taking time for today.
Hasan said the KP chief minister was on a visit to review the flood situation in his province, suddenly his foot slipped.
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