An Islamabad court said on Thursday that it can ask Islamabad police not to arrest Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan if he surrenders himself before the authorities.
The judge passed the remarks while hearing the Election Commission of Pakistan’s (ECP) reference seeking criminal proceedings against Imran for concealing details of Toshakhana gifts.
At the outset of the hearing, the PTI chief’s lawyer Khawaja Harris read out the IHC’s order on the party’s petition against the arrest warrants.
In response, the judge said that the trial court has not received the IHC’s order through the official process, but noted that the issue can be resolved quickly and asked where Khan was.
“Has Imran Khan presented himself before the court?” the judge asked. At this, Harris asked the judge whether it was important for the former prime minister to appear before the court in person.
“We want Imran Khan to appear before the court. Why isn’t he presenting himself before us? What’s the reason?” he asked, noting that in line with the law, Khan should assist the police and not resist it.
“Imran Khan created a scene by resisting [arrest],” the judge said, adding that the IHC’s order also mentions that the lower court’s order should not be affected through “illegal actions”.
The judge remarked that there “would be no issue” if the warrants were bailable, but the warrants issued against Khan were non-bailable. “The arguments you have presented are related to bailable arrest warrants,” the judge told the lawyer.
Harris then asked the judge whether he wanted to remain stern and keep Khan’s arrest warrants active. At this, the judge remarked that the warrants were issued to ensure Khan’s presence in person.
The lawyer then added Khan himself has said that he wants to appear before the court and he is not seeking any exemptions.
You have two options, Harris said, adding that the first option is to suspend the non-bailable warrant by accepting the undertaking request, and the second is to accept the surety and issue a bailable arrest warrant.
PTI’s lawyers, requesting to suspend the arrest warrants, said that Khan wants to give an undertaking to the court that he will appear in the session court on March 18.
The judge then said the Election Commission of Pakistan (ECP) should also be issued a notice. At this, the lawyer said that the court should issue the notice and summon the election commission today.
Judge Iqbal also asked Khan’s counsel why the situation in Lahore’s Zaman Park was “bad”. “This warrant has become not only the most expensive in Pakistan but the world. The government has spent millions of rupees to follow through on this warrant.”
Khan’s counsel lamented that whatever is happening at Zaman Park should not have taken place, and at this, the judge said that Khan should have been brought straight to the court.
“It is not possible that Imran Khan is harassed when he appears before the court. We are a poor country and it is not feasible to spend millions of rupees on a warrant.”
The judge added that if the PTI chief surrenders himself to the authorities, then he would tell the police to stand down and asked the counsel what could be amended in Khan’s warrants.
Harris then pleaded that Khan is giving an undertaking and that the court should suspend his warrants. “The warrants were issued in line with the law, then why did [authorities] face resistance? It is the nation’s money. The most you could have done was to hold a peaceful protest.”
The judge said in criminal cases, suspects appear before the court and once they do, the non-bailable arrest warrants are suspended. “The police can’t sit idle when arrest warrants are issued for March 18.”
The judge then added that he was issuing a notice to the ECP and adjourned the hearing till 12pm.
