Good news for PTI from one court, bad news from other

ISLAMABAD: A day before the PTI got from the Supreme Court an unprecedented revival as a political entity in the national and provincial assemblies, the Anti-Terrorism Court (ATC), Lahore, in its order had endorsed the government and military’s charges against Imran Khan and PTI’s top leadership of hatching the May 9 conspiracy and waging war against the state.

If Friday’s development was a great political victory for the PTI and its top leadership, Thursday’s ruling of the ATC-I Lahore served as a serious blow for Imran Khan and his party. The ATC Lahore has become the first judicial forum to have endorsed that May 9 was a conspiracy of Imran Khan and other senior PTI leaders against the state.

While rejecting the application for bail before the arrest of Imran Khan in the May 9 case, Judge Khalid Arshad of the ATC-I Lahore endorsed the prosecution’s view that Khan had hatched and materialised the alleged criminal conspiracy along with senior PTI leadership and protesters/accused having a common object to wage war against the state. The ATC was also not convinced of Imran Khan’s allegation of being politically victimised.

In his four-page order, rejecting the bail application, the ATC judge ruled, “The alleged malice of political victimisation pleaded on behalf of the petitioner (Imran Khan) against the official complainant is not appealing to prudent mind. A peaceful demonstrator becomes terrorist when he hatched criminal conspiracy, disseminated it and shared common object with other accused who being armed, attempted to damage or damaged the state properties like Jinnah House intending to jam government machinery as per Sec.6 Anti-Terrorism Act, 1997 and he loses his normal rights of a law-abiding citizen. Investigation must not be interrupted as it will curtail the collection of prosecution evidence. An extraordinary concession of pre-arrest bail is meant for innocent person and not the petitioner who hatched and materialised the alleged criminal conspiracy along with the senior PTI leadership and protesters/accused having common object to wage war against the state to topple the government.”

Regarding the evidence, the court order said, “The statements of two PWs under Section 161 CrPC contain that the petitioner (Imran Khan) on 7.5.2023 at 5:15 pm to 6:00 pm had a meeting at Zaman Park with the senior fifteen PTI leaders and instructed them that he had apprehension of arrest on 9.5.2023 at Islamabad. On his arrest you all in leadership of Dr Yasmin Rashid would gather PTI workers and attack military installations, government properties and the police officials to create pressure on the government and armed institutions for his release. Whereon they/co-accused replied that he was their red line and they would jam the government by instigating the PTI workers. Moreover, the petitioner on 9.5.2023 at the time of leaving for Islamabad also sent video message, ‘if he is arrested, the condition of country will be worsened like that of Sri Lanka’ and this clip is produced by the prosecution along with its transcript. Another clip of the petitioner was also broadcast the whole day through official Twitter account of PTI on social media on 9.5.2023 to instigate PTI workers to come out for protest and assigned it ‘Real Jehad for Real Freedom, Haqeeqi Azadi’. Actually, the case of prosecution against the petitioner is that he hatched the alleged criminal conspiracy which was agreed by the top leadership/accused and the same was conveyed through modern devices especially online to the protesters/accused who in result of the alleged instigation, launched attack, entered forcibly in Jinnah House and set it on fire while waging war against the state intending to over awe the government.”

The judge while reaching his conclusion also referred to reports of Pemra, FIA Cyber Crime Wing and internal security.

The counsel representing Imran Khan argued that the petitioner was arrested when he intended to appear before the Hon’ble Islamabad High Court and this arrest has been held illegal by the august Supreme Court of Pakistan. The counsel added that the petitioner condemned the protest of PTI workers and disassociated himself from the alleged occurrences of violence. He told the court that more than 200 false criminal cases have been registered against Imran and he is being politically victimised when he was ousted from power corridors.

The IK’s counsel also told the court that all the three PWs (prosecution witnesses) who claimed to have listened to the alleged conspiracy on 1.5.2023 at Chakri and on 7.5.2023 and 9.5.2023 at Zaman Park did not disclose it before their high ups and asked for taking of any legal action against it and their names do not appear in the contents of FIR, means they have not claimed their presence at the alleged place of occurrence at relevant time.

Lastly, the counsel argued, that the petitioner (Imran Khan) was not present in person at the alleged place of occurrence and the evidence about social media and the report of Pemra are the evidence which otherwise have made the case of the petitioner require further inquiry, so the petitioner deserves pre-arrest bail.