Imran’s arrest warrants: Trial court’s order doesn’t suffer from any illegality, says IHC CJ

ISLAMABAD: The Chief Justice of Islamabad High Court (IHC) has noted the impugned order of the trial court which has issued and reissued non-bailable warrants of arrest, does not suffer from any illegality.

A single bench of Chief Justice Aamer Farooq was hearing a petition of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against the issuance of his arrest warrants in Toshakhana case.

The bench disposed of the petition with the direction to the petitioner to approach the trial court by moving an application and placing on record the undertaking submitted before this Court on 15.03.2023. It added, “As and when the application is filed, the trial court shall proceed after satisfying itself in all respect regarding the undertaking made and surety(ies) to be accepted.”

During the hearing, Khawaja Haris, representing the PTI chief, said that the petitioner is ready and willing to appear before the trial court on 18.03.2023 and requested that non-bailable warrants of arrest be suspended till such time.

The Advocate General, ICT, Islamabad as well as the Additional Attorney General contended that the undertaking is a welcome gesture on part of the counsel for the petitioner but keeping in view the track record of the petitioner, the same is difficult to believe. It was contended that in the facts and circumstances, it would be only appropriate that the law should take its course.

The IHC chief justice said: “It would not be out of place to observe that law and order situation prevailing in Lahore is a sad state of affairs, where the State is being prevented to carry out its obligation for complying with the orders of the Court; such defiance of the law is not acceptable in any civilized society and the law needs to be adhered to by the citizens/people of any country in general and persons in the helm of the affairs particularly.”

He added: “The phrase “Rule of Law” is not a rhetoric and has different connotations including obedience to law and any defiance thereof naturally has consequences because law of the land has to and should prevail at all costs.”

Justice Aamer noted that the impugned order does not suffer from any illegality per se, calling for any interference but since there is post order development, it is only appropriate that the matter be placed before the trial court, which issued/reissued the non-bailable warrants of arrest.

“It is emphasised that sanctity of the judiciary does not only mean the superior courts i.e. the High Courts and Supreme Court, but also every institution/Court established for dispensing justice,” added the IHC CJ.

He further said that in the instant case, the trial court has only followed the law and passed order accordingly, which ought to have been complied with and followed by everyone, including the petitioner.

The petitioner’s counsel stated in the petition that chairman PTI could not appear before the trial court on 13.03.2023 on account of security concerns. However, they also said that two applications were filed on his behalf, one praying for dismissal of the complaint as having been filed without authorisation and being barred by time, and the other for exemption from appearance. “As such, the entire proceedings before the trial judge, culminating in the issuance of warrants of arrest, were void ab initio, and therefore non-est in the eye of law. Similarly, the complaint on face of record was barred by time. It was also submitted on behalf of the Petitioner that the order dated 07.03.2023 passed by this august Court was not an impediment to the stand taken on behalf of the petitioner that before re-issuance of the Warrants of Arrest, the matter regarding competency of the Complaint and process initiated on its filing be adjudicated upon, as in doing so, warrant of arrest earlier issued remains alive, only before its re-issuance question whether proceedings culminating in its issuance are illegal and void ab initio is to be determined,” stated the petition.

It maintained that the order 13.03.2023 is illegal and without proper authority besides being, it is submitted with respect and tainted in the eye of law.

Therefore, Imran Khan prayed to the court that it may very graciously set aside the impugned order dated 13.03.2023 passed by the Zafar Iqbal, learned Additional District and Sessions Judge, Islamabad West. He further prayed that pending a final decision of the instant revision petition, the operation of the impugned order may very kindly be suspended.

Copyright Business Recorder, 2023