ISLAMABAD: The Supreme Court turned down the Pakistan Tehreek-e-Insaf (PTI) chairman’s plea to grant a stay against the ongoing proceeding in the murder of senior lawyer Abdul Razzaq Shar.
A two-judge bench comprising Justice Ijazul Ahsan and Justice Ayesha A Malik, on Tuesday, heard the former prime minister’s appeal against the Balochistan High Court (BHC)’s order. Justice Ijaz said how this bench can rule against the order of a division bench of the BHC.
Advocate Sardar Latif Khosa, appearing on behalf of Imran Khan, then prayed to the Court to constitute a three-judge bench for the hearing of this petition. However, Justice Ijaz stated they could not constitute a bench, as this is the prerogative of the chief justice. He further said that they would refer the matter to the chief justice and might constitute a three-member bench and fix the case before it for hearing today (Tuesday).
Imran Khan after the proceeding filed an application requesting the chief justice to form a three-judge bench and fix the case today (Tuesday).
The bench also turned down his plea for an extension in protective bail and issued notices to the prosecutor general and advocate general Balochistan. Justice Ijaz said without hearing the other party they could not grant a stay.
Khosa said that his client’s life is in danger, and requested the bench to order that his client not be arrested. Justice Ayesha said the petitioner's presence is not necessary for suspension of the proceeding, adding the investigation is going on and which law allows the removal of offences from FIR at this stage?
At the onset of the proceeding, Latif Khosa read the FIR and said that Shar’s son had lodged an FIR against the petitioner, wherein, sections of the Anti-Terrorism Act (ATA) have been included. Justice Ijaz questioned which forum determines the ATA provisions.
Imran’s lawyer responded that basically that was the responsibility of the SHO of a police station. Justice Ijaz said if the SHO’s order is wrong then where it could be challenged. He inquired whether the petitioner had approached a relevant forum against the inclusion of the ATA provision in the FIR.
Latif Khosa said non-bailable warrants have been issued for his client. Justice Ayesha inquired whether the petitioner has challenged the Joint Investigation Team. Upon that, the lawyer stated his client is unaware of how many cases have been registered against him. He said during the investigation the SHO cannot include sections of the ATA.
A division bench of the BHC comprising Chief Justice Naeem Afghan and Justice Aamir Nawaz Rana on 15-06-23 had dismissed the PTI chief’s application to quash an FIR registered against him regarding the assassination of Advocate Shar.
Shar was shot dead by unidentified assailants near Alamo Chowk on Airport Road Quetta on June 06, this year. According to the police, the senior Supreme Court lawyer received 15 bullet injuries on his body and died on the spot. Two days later, the police booked Imran Khan in the case on the complaint of the lawyer’s son.
The murdered lawyer, Shar, had filed a constitutional petition against the former prime minister in the BHC, seeking proceedings against the former premier under Article 6 (high treason) of the Constitution.
The case was adjourned sine die.
Copyright Business Recorder, 2023
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