ISLAMABAD: The Islamabad High Court (IHC) on Tuesday directed Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to join police investigation in the FIR registered against him on terrorism charges.
A division bench comprising Chief Justice Athar Minallah and Justice Saman Rafat Imtiaz issued the directions while hearing the petition filed by the former prime minister praying before the court to quash the FIR registered against him on terrorism charges.
During the hearing, the IHC chief justice remarked that if Khan does not cooperate in the investigation then the law would take its own course. He added that the police officials are in uniform, which is a symbol of state and the rule of law will establish when you have faith in the state system.
The bench also directed the investigation officer to conduct investigation fairly and apprise the bench on September 15 as whether offence under ATA could be made out.
Earlier, the Advocate General (AG) Islamabad informed the bench that the IO is not being given access to Imran Khan for investigation despite having served the notice which is hindering the legal process.
Justice Minallah remarked that these are not some gentlemen standing before you; their uniforms are to be respected because they are symbols of the state.
Then, Khan’s counsel informed the bench that three more offences have been added to the FIR and that the case has been registered at the government’s behest under false pretences.
At this juncture, Justice Minallah remarked that we must have faith in the system of the state. Then, the court directed the police not to submit challan against Imran and also asked the police to submit its investigation report to the bench. He further directed the IO to inform the court if terrorism charges are applicable or not at the next hearing.
The PTI chairman’s lawyer, Salman Safdar advocate, assured the bench of his client’s cooperation in this matter. Later, the bench deferred the hearing in this matter till September 15 for further proceedings.
The former prime minister moved the court through his counsels, Muhammad Shoaib Shaheen advocate and Salman Safdar advocate and cited Station House Officer (SHO) PS Margalla, Inspector General of Police (IGP) Islamabad Capital Territory, and Deputy Inspector General (DIG) of Police, Ali Javaid, Magistrate Saddar, and the State as respondents.
Khan filed the petition seeking “Quashing of FIR” in case FIR No 407 / 2022 dated 20.08.2022 under section 7-ATA. He stated in the petition that the petitioner being aggrieved with the registration of baseless said FIR registered under Section 7 of the Anti-Terrorism Act, 1997 at Police Station Margalla, Islamabad craves for the kind indulgence of this Court for quashing of abovementioned FIR mainly on the grounds that speech dated 20.08.2022 as well as contents of the FIR do not disclose commission of any scheduled offence falling under the Anti-Terrorism Act, 1997 and absolutely “No Threats” were extended rather the petitioner referred to availing legal actions and remedies which is the Constitutional right of the petitioner.
He further said that the aggrieved party has not come forth to register the FIR; and FIR has been registered through a planted complainant who lacks locus standi. He continued that settled principle of “object” “design”, “purpose” as provided under Section 6 and 7 of the Anti-Terrorism Act, 1997 basic ingredients to attract Section 6 and 7 of the Anti-Terrorism Act, 1997 are absent and essentials ingredients of a crime, both (i) Actusreas and (ii) Mensreas are missing.
Copyright Business Recorder, 2022
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