LHC dismisses Imran’s plea for protective bail: Excuses cited by PTI chief include medical condition, security threat

LAHORE: A Lahore High Court (LHC) division bench Thursday dismissed for non-prosecution a petition of PTI Chairman Imran Khan, seeking protective bail in a criminal case filed by the Islamabad Police.

However, a single bench allowed him to appear on Monday in another petition for bail in a similar case.

In its written order, the bench stated that “the case was taken up at 5.00 pm when the learned counsel for the petitioner sought an adjournment to present the petitioner. We adjourned the case at 6:30 pm but at the time when the case was called, neither counsel for the petitioner nor the petitioner was in attendance. In this view of the matter, we have no option but to dismiss the petition for non-prosecution”.

As the hearing resumed, bench head Justice Ali Baqar Najafi asked the counsel for Imran about the non-appearance of the petitioner.

The counsel told the bench that his client could not appear due to medical reasons. The court observed that the medical reports did not show any advice to Khan against walking. The counsel also referred to bail-granting orders for former chief minister Hamza Shehbaz and his brother Suleman Shehbaz.

Justice Najafi observed that the Supreme Court’s judgments did not permit relief of protective bail to an accused without a personal appearance. The counsel sought more time for consultation with the petitioner when the bench asked him to withdraw the petition or get it dismissed. After a short break, Advocate Hassan Niazi, also a nephew of Khan, appeared before the bench and stated that the PTI chairman faced a life threat by the Taliban. He also sought time to come up with a clear response to the appearance of Khan. However, no one appeared on behalf of the petitioner when the bench resumed its hearing at 6 pm. The bench dismissed the bail petition for non-prosecution.

In this petition, Imran sought protective bail in a case registered with the Sangjani police station. The FIR also carries an offence under Section 7 ATA. The other day, an anti-terrorist court in Islamabad dismissed the pre-arrest bail of Imran for constant non-appearance.

During proceedings of the other petition before Justice Tariq Saleem Sheikh, the PTI lawyers once again sought time to consult with doctors about whether the PTI chief could appear before the court.

The judge put off the hearing till 12:30 pm when the lawyers made another request for more time. Doctor Faisal Sultan, the personal physician of Khan, appeared in the court when the judge resumed the hearing at 2 pm.

However, the judge refused to hear the doctor and asked the lawyer about the appearance of the petitioner. Advocate Siddique told the judge that the petitioner wanted to withdraw the petition, as the Islamabad High Court had granted him relief in the matter. The judge also took notice of dissimilarity in the signatures of Imran Khan on his affidavit and the power of attorney attached to the petition.

Justice Sheikh observed that the matter was serious and a contempt notice could be issued to the petitioner or the council.

Advocate Ghulam Abbas, another counsel, said Imran owned his signatures. However, the judge said the court required a personal statement by the petitioner in this regard. When senior lawyer Khwaja Tariq Rahim appeared on behalf of the PTI chairman to seek time, the judge adjourned the hearing till Feb 20.

It was decided that the PTI’s legal team, IGP Punjab and the court’s security will hold a meeting on Monday after which Imran will appear before the court.

The judge directed the IGP Punjab to discuss the security issues with the legal team of the PTI chief for his appearance at 2 pm on Monday, February 20.