ISLAMABAD: The Supreme Court (SC) on Tuesday declined to grant interim bail to the former prime minister and Chairman of Pakistan Tehreek-e-Insaf (PTI) Imran Khan in the murder case of a Quetta-based lawyer besides refusing to suspend the order passed by the Balochistan High Court (BHC) without hearing other parties in the matter.
A two-member bench of the apex court comprising Justice Ijazul Ahsen and Justice Ayesha A Malik heard the appeal filed by PTI Chairman Imran Khan against the order passed by the Balochistan High Court, dismissing his petition. The PTI chief has sought the quashing of an FIR that nominated him in the murder case of advocate Abdul Razzak in Quetta.
Sardar Latif Khosa, counsel for Imran Khan, submitted before the court that his client’s life is in danger, hence an order should be passed preventing his arrest besides staying the order passed by the Balochistan High Court in the matter.
The court, however, rejected the plea of the counsel and held that a two-member bench of the apex court cannot suspend the order passed by the learned high court’s two-member bench.
Justice Ijazul Ahsen said that the court cannot pass an interim order without hearing other parties in the instant case. The court observed that the order passed by the learned Balochistan High Court was a two-member bench and this august court with a two-member bench was handicapped to further proceed in the matter.
The court suggested the counsel approach the Chief Justice for fixation of the case before a three-member bench.
Meanwhile, the court issued notices to Advocate General and Prosecutor General Balochistan and sought a report from the lawyer of the Balochistan government about the investigations conducted so far in the instant case.
Earlier, during the course of the hearing, Sardar Latif Khosa apprised the court that the son of the slain lawyer Abdul Razzaq had filed a case against Imran Khan under terrorism provisions.
He informed the court that the non-bailable arrest warrant of the PTI chairman was issued, adding that a day before the hearing of the instant matter, Abdul Razzaq was killed in Quetta. According to the son of the deceased, his father was killed at the behest of Imran Khan.
The court asked Khosa as to which of the authority imposes provisions of terrorism. The counsel replied that the basic responsibility rests upon the Station House Officer (SHO) of the concerned police station.
Justice Ijazul Ahsen observed that if the decision of the SHO of the concerned police station was wrong by imposing terrorism provisions, then the concerned forum was available and he could approach there as well.
Latif Khosa further submitted that a Joint Investigation Team (JIT) was also constituted for the investigation in the matter. Justice Ayesha A Malik asked the learned counsel as to whether he had challenged the JIT.
Latif Khosa replied that he does not know what was going on, adding that at the investigation stage, provisions of terrorism could not be imposed.
Later, the court issued notices to Advocate General and Prosecutor General Balochistan and sought details on the matter from law officer of the province.
Meanwhile, as per the court suggestion, Latif Khosa filed an application with Chief Justice of Pakistan stating that the instant case is of most urgent in nature and needs to be fixed before a three-member bench today as the petitioner apprehends of coercive action against him. He stated if the respondents succeed in their illegal design, the petitioner will suffer an irreparable loss to his body, reputation and life.
He prayed to the Chief Justice of Pakistan to fix the instant matter before a three-member bench today, keeping in view the urgency of the matter.
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