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Wednesday December 25, 2024

Threats to addl sessions judge: IHC to begin contempt proceedings against Imran

The bench is expected to hold a hearing of the case on Tuesday (today)

By Awais Yousafzai & Mumtaz Alvi
August 23, 2022
PTI Chairman Imran Khan addressing a public gathering. —PTI Facebook
PTI Chairman Imran Khan addressing a public gathering. —PTI Facebook

ISLAMABAD: The Islamabad High Court (IHC) Monday took notice of the threats hurled at Additional District and Sessions Judge Zeba Chaudhry by PTI Chairman Imran Khan and will issue him a contempt of court notice.

The decision to issue the contempt of court notice was taken in response to the registrar’s note and after consultations with all the other judges. A larger bench — comprising Justice Mohsin Akhtar Kayani, Justice Babar Sattar and Justice Miangul Hassan Aurangzeb — will hear the contempt case.

The bench is expected to hold a hearing of the case on Tuesday (today). The IHC notice comes a day after a first information report (FIR) was registered against Khan under the Anti-Terrorism Act (ATA) for threatening the judge and senior police officers in a rally at the F-9 Park.

Earlier in the day, the same court approved three-day transit bail of the PTI leader. PTI lawyer Faisal Chaudhry and Babar Awan filed the plea on Imran’s behalf. The PTI lawyers maintained that Imran was ready to appear before the court whenever summoned.

The plea said Imran had no criminal record and he had never been convicted for any offence. “There is no chance of fleeing or damaging evidence presented by the prosecution. Imran Khan is also ready to submit money as surety against his bail,” the plea stated.

The IHC registrar’s office had raised three objections to the plea but when Justice Mohsin Akhtar Kayani and Justice Babar Sattar heard the case, they granted Khan transit bail till August 25, overruled the registrar office’s objections, and asked Imran to approach an anti-terrorism court by August 25, as it was the relevant forum in the case.

Awan claimed that Imran could not even approach the relevant court as the Banigala residence had been surrounded by the police. He urged the court to grant Imran protective bail so that the relevant forum could be approached.

“If the court wants to use its authority to grant pre-arrest bail, it’s your jurisdiction,” he added. Justice Kayani observed that the relevant forum was the anti-terrorism court and ruled out the possibility of the IHC granting Imran pre-arrest bail at this point.

The court then approved Imran’s protective bail till Thursday and directed him to approach the relevant court by then. However, Awan pleaded with the court to extend the bail by one more day. He contended that three days were not sufficient. At that, Justice Kayani said, “I will appoint a special judge and issue an order for approaching the relevant forum within an hour.”

Meanwhile, the Supreme Court Bar Association (SCBA) President Muhammad Ahsan Bhoon welcomed the IHC’s decision to constitute a larger bench to initiate proceedings against the contempt of court committed by former prime minister Imran Khan.

Addressing a rally in Islamabad, Bhoon condemned the way Imran addressed Additional Sessions Judge Chaudhry calling his threats an attempt to undermine the dignity and prestige of judiciary.

“His conduct also exposed how much he cares about the respect and reverence of honorable judges,” Bhoon said, adding that the top court’s bar association cannot turn a blind eye toward such “malicious acts”.

He said the bar respected disagreement with judgments, but no one was free to harm the respect and dignity of judges. “Let no one be mistaken that SCBA in particular and the entire legal fraternity in general, will not allow anyone to sabotage the dignity and repute of our institutions, especially judiciary,” the statement released by the SCBA read.

Meanwhile, the Election Commission Monday rejected the request of PTI Chairman Imran Khan’s lawyer for three weeks to reply to the Toshakhana case and gave him one week to do the needful.

A five-member bench of the Commission, headed by Chief Election Commissioner Sikandar Sultan Raja, took up for hearing the Toshakhana case against Imran filed by PML-N MNA Mohsin Ranjha.

Barrister Gohar Ali Khan, an associate of Barrister Ali Zafar, counsel for Imran Khan, sought three weeks to file the reply. However, the bench gave him a week to submit a written reply and adjourned the case till August 29.

The chief election commissioner contended that what was required was to provide record of the declared assets while Ranjha’s lawyer Khalid Ishaq also strongly objected to the request of three weeks.

Meanwhile, the Election Commission rejected the Muttahida Qaumi Movement-Pakistan’s plea against the delimitations of constituencies for the second phase of local government elections in Sindh.

A four-member bench of Election Commission, headed by Sindh member Nisar Durrani, heard the case. The counsel for MQM while questioning flaws in the delimitation process, urged the Election Commission to suspend second phase of LG polls as an interim relief.

The MQM-P had filed a petition with the ECP challenging demarcations of the constituencies for the second phase of LG polls in Sindh, as on Friday last, it had warned of reviewing its decision to participate in the upcoming August 28 local government elections in Karachi and Hyderabad.

It had reiterated its protest over what it alleged unjustified delimitation, fake voters’ list and less count of population in the National Census 2017. MQM-P convener Dr Khalid Maqbool Siddiqui during a news conference had called on the president, prime minister and those who are guardians of law and the Constitution to tell them where they should go for justice.