ISLAMABAD , March 16, 2023: Additional Sessions Judge Zafar Iqbal remarked on Thursday that PTI Chairman Imran Khan should assist the state instead of showing resistance as his legal team seeks cancellation of arrest warrants in the Toshakhana case.
Khawaja Harris is representing Mr Khan in the district and sessions court to get relief for his client after the Islamabad High Court (IHC) directed him to submit an undertaking in the trial court that he would regularly attend hearings in the Toshakhana case.
The PTI had moved the IHC after police reached Lahore to arrest Imran Khan to implement the arrest warrants issued by the trial court over his persistent absence from proceedings. The bid sparked violent clashes between the PTI supporters and law enforcers, which were stopped temporarily following the orders of the Lahore High Court (LHC).
At the outset of the hearing, Khawaja Harris read out the ruling of the high court that upheld the arrest warrants and directed him to submit an undertaking in the sessions court. The judge remarked his court was yet to receive the verdict of the IHC. He added the issue could be resolved in no time if Imran Khan appeared before court. The judge also questioned the concept of undertaking.
“Is it a must to arrest Imran Khan to produce before court?” questioned the PTI lawyer. The judge replied the ex-prime minister should come to court. “As per law, Imran Khan should assist police and not to show resistance,” Judge Zafar Iqbal remarked, adding that non-bailable arrest warrants had been issued to ensure physical appearance of the PTI chief.
Mr Harris replied his client wanted to appear before court as “we are not seeking exemption”. He, then, put to options before the judge, saying the court could accept the undertaking to cancel the warrants or could issue bailable warrants after receiving a surety. He assured the judge of Mr Khan’s appearance on March 18.
In reference to a separate petition filed by the PTI challenging the maintainability of the case, the judge remarked that a notice would be served on the Election Commission of Pakistan. At which, Mr Harris requested the judge to summon the ECP lawyer today.
Talking about violent situation seen in Lahore during an attempt to arrest the PTI chairman, the judge remarked: “Imran Khan’s arrest warrants have become the most expensive in the world as government has spent millions to implement them.”
The judge remarked that he would order the IGP to not arrest Imran Khan if he surrendered before the authorities. “Why there was resistance as warrants were issued as per the law?” he questioned.
Khawaja Harris said there would be no need to uphold the warrants after the submission of the undertaking. Later, the judge issued notice to the ECP and adjourned the hearing till 12pm.