The Islamabad High Court (IHC) on Tuesday suspended the non-bailable arrest warrants issued against PTI Chairman Imran Khan in the Toshakhana reference till March 13.
\nThe court announced the reserved verdict shortly after 6pm. The court also directed the PTI chief to appear before the district and sessions court on March 13.
\nThe 70-year-old ex-premier, who has been recovering from a gunshot injury from an assassination attempt in Wazirabad last year, has thrice skipped indictment hearings in an Islamabad sessions court in the case.
\nHe is accused of concealing, in his assets declarations, details of the gifts he retained from the Toshakhana \u2014 a repository where presents handed to government officials from foreign officials are kept.
\nThe sessions court was set to indict Imran in the Toshakhana Reference on Feb 28, but his lawyer had requested the judge that he be exempted from the hearing because he had to appear in several other courts. His indictment was deferred twice before.
\nThe judge had then issued arrest warrants for Imran and adjourned the hearing till March 7.
\nOn March 5, an Islamabad police team was sent to Lahore to arrest Imran with the court summons. However, it returned empty-handed after the PTI chief evaded the arrest.
\nSubsequently, Imran had approached the sessions court for the cancellation of the arrest warrants, arguing that the withdrawal of the summons would enable him \u201ca fair opportunity to appear and defend himself\u201d in the case.
\nHowever, the sessions judge rejected his request on March 6 and upheld the warrant, ruling that the PTI chairman \u201cwilfully avoided\u201d appearing before the court.
\nIn a petition filed in the IHC today, Imran prayed that the sessions court\u2019s Feb 28 and March 6 orders be set aside so that he could have a \u201cfair opportunity\u201d to appear in court and defend himself.
\nIHC hearing
\nAt the outset of the hearing, Imran\u2019s lawyers \u2014 Ali Bukhari and Qaiser Imam \u2014 urged the court to cancel the PTI chief\u2019s arrest warrants.
\nHowever, the court remarked that the warrants were not issued for arrests but to frame charges against Imran in the Toshakhana case.
\n\u201cYou appear in court for the framing of charges and then request for an exemption,\u201d Justice Farooq said. \u201cThe law is the same for everyone. What can the court do?
\n\u201cThe court has to adopt a legal procedure,\u201d he stressed, saying that Imran had to appear in the sessions court today but he did not.
\n\u201cYou tell, when will he appear?\u201d the judge asked. \u201cImran Khan has to appear before me as well. He can come on March 9 and appear before the sessions court too.\u201d
\nAt one point during the hearing, the IHC CJ also said that Imran would get \u201cnothing on merit\u201d on the petition. \u201cWhat can I do? Just give me a date as to when Imran will appear in court.\u201d
\nHere, the PTI lawyer said that Imran had severe security threats to which the judge replied that everyone was getting threats these days.
\n\u201cThe Islamabad IG has told me that there are security threats to all the judges. He told me to take security. But how will I take security for myself by putting the public at risk?
\n\u201cShould I shut down the court? We have prepared a security plan for both the high court and the sessions court. You people yourself create security threats,\u201d he said, pointing out that what happened outside the IHC at the previous hearing \u2014 on Feb 28 \u2014 was in front of everyone.
\n\u201cWhat will happen when you bring 2,000 people along with you to court? How did Benazir Bhutto die?\u201d Justice Farooq asked.
\nHe inquired if the PTI lawyers were ready to give an undertaking that Imran wanted to appear before the court. \u201cYou are still not ready to appear in court. Be fair with the system, don\u2019t make a joke of it,\u201d Justice Farooq asserted.
\nAt that, Islamabad Advocate General Jahangir Khan Jadoon said: \u201cHere, they are talking about security threats while Imran is preparing for an elections rally.\u201d
\nHowever, the judge interjected that he did not want to talk about anything political.
\nFor his part, Bukhari said that several other cases had already been registered against the PTI chairman. \u201cImran Khan has been kept inside his house. He can\u2019t go out.\u201d
\nHere, the judge said that it was not possible to give the former premier relief in a case that had not yet been registered.
\nSubsequently, the court gave the PTI chief\u2019s lawyers 30 minutes to consult with Imran and decide when he will appear before the court.
\nWhen the hearing resumed, Imran\u2019s lawyer sought a time of four weeks for Imran\u2019s court appearance.
\nHowever, Justice Farooq said that four weeks couldn\u2019t be given. \u201cIf you say so, we can tell the sessions court to commence proceedings to declare him an absconder.
\n\u201cIn four weeks, you won\u2019t get a new F-8 Katcheri, it will stay the same,\u201d he said.
\nAt that, Imam requested the judge to grant his client as much time as it is possible.
\nThe court then called AG Jadoon to the rostrum.
\n\u201cImran Khan can appear in the courts on March 9. We don\u2019t have a problem. He can appear in the sessions court early morning and come to the IHC by 3pm,\u201d he said.
\nHere, Imran\u2019s lawyers argued that they had reservations regarding the security to which Justice Farooq said the sessions court would assure the provision of proper security.
\n\u201cWe are not worried about ours but the security of the public,\u201d the judge remarked, saying that the lives of common people were as important as his.
\nHe added that life and death were in God\u2019s hands. \u201cIf we die, we die.\u201d
\nThe court then reserved its verdict.
\nToshakhana case
\nThe reference, which alleges that Imran had not shared details of the gifts he retained from the Toshaskhana (during his time as the prime minister) and proceeds from their reported sales, was filed by lawmakers from the ruling coalition last year. On October 21, the Election Commission of Pakistan (ECP) had concluded that the former premier had indeed made \u201cfalse statements and incorrect declarations\u201d regarding the gifts.
\nThe Toshakhana is a department under the Cabinet Division that stores gifts given to rulers and government officials by heads of other governments and foreign dignitaries. According to Toshakhana rules, gifts\/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.
\nThe watchdog\u2019s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.
\nSubsequently, the ECP had approached the Islamabad sessions court with a copy of the reference, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.
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