KARACHI: Imran Khan did not appear in the trial court hearing the Toshakhana case on any date of hearing and his personal appearance was exempted a total of four (4) times.
In a tweet on Thursday, Legal Adviser for the International Commission of Jurists Reema Omer shared the order of the district sessions judge issued on Thursday, March 16 in which a detailed record of the case shows the timeline of the proceedings.
The timeline, in a nutshell, is: On November 8, 2022 the district commissioner of Islamabad filed a complaint against Imran Khan under Section 190 of the Election Act, 2017 in respect of offences committed under sections 167 and 173 of the Election Act, 2017.
After finding sufficient ground to proceed in the matter, Imran was summoned to court to face trial on Jan 9, 2023. He did not appear, nor was a wakalatnama submitted on his behalf despite his counsel being present in court.
‘In the interest of justice’, his personal appearance was exempted and proceedings were adjourned till Jan 31, 2023. This day too Imran Khan did not appear in court though a wakalatnama was submitted on his behalf. His personal appearance was exempted once again and the case was once again adjourned for February 7, 2023. On February 7, Imran again did not appear in court; his personal appearance was exempted and proceedings were adjourned till February 21, 2023. Again, Imran did not appear in court. And again, his personal appearance was exempted and the case was adjourned till February 28, 2023 -- but Imran again did not appear in court.
Eventually, on February 28, the court issued non-bailable arrest warrants for Imran Khan for March 7, 2023. On March 6, an application for cancellation of the warrant was filed but was rejected by the court.
Imran Khan then petitioned the Islamabad High Court which suspended the non-bailable warrants and asked him to appear before the trial court on March 13, 2023. Imran did not appear in court on March 13 and non-bailable warrants were reissued for him to appear in court on March 18, 2023.
Speaking about the exemptions accorded to Imran, lawyer and TV host Muneeb Farooq says that while it is at the discretion of judges to give exemptions, on medical grounds etc, “the number of times Imran Khan got exemptions is not normal”. He says that “once or twice being shown leniency is OK but if one makes it a habit -- as Imran did -- that is over the top.” Lawyer Moiz Jaferii too says these exemptions are “unprecedented” and “a self mockery by a justice system” that has accommodated a man who refuses to “reflect upon the damage he is doing whilst heading a movement for justice”.
On the district sessions court order of Thursday, Muneeb Farooq says that “the judge has placed everything on record [to show] why he is not recalling the non-bailable arrest warrants. The judge has given very cogent reasons as to why at this time he is not recalling the warrant.”
Jaferii adds that while “these cases [against Imran Khan] are likely politically motivated and farcical when compared to the conduct of Imran’s contemporaries, this takes nothing away from the contempt with which the chairman of the movement for justice has treated the process of justice and the rule of law.” He further adds: “The Islamabad High Court opened a door which should never have been opened in a five-page lament yesterday which ought to have been a dismissal with the imposition of costs. Instead of denying further extraordinary relief to Imran who had earlier promised to appear if his trial court warrants were suspended and then reneged on that promise, the court spoke of everyone needing to respect the law and then noted the guarantee by a noted lawyer for Imran’s next appearance as being some form of new development which the trial court was to consider”.
