ECP protests case: LHC approves Imran Khan's protective bail plea

  • The court disposes of a second case against Imran Khan
Updated 20 Feb, 2023

The Lahore High Court (LHC) on Monday granted protective bail to the former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan till March 3 in a case pertaining to a protest outside the Election Commission of Pakistan (ECP), Aaj News reported.

A two-member bench of the LHC led by Justice Baqir Ali Najafi accepted Imran's bail plea after he managed to appear in person as demanded by the court.

The PTI chief then appeared before Justice Tariq Saleem Sheikh's court in a second case. The court had noted discrepancies in the documents related to his first bail plea.

The PTI chief apprised the court that he wanted to withdraw his bail plea. Imran expressed remorse over the inconvenience caused by him and offered an unconditional apology.

Accepting his apology, the court then disposed of the case.

Earlier, Imran Khan reached the courtroom after dawdling outside for nearly an hour and a half despite entering the LHC premises at around 5:45 pm.

The LHC had directed Imran's legal team to present him upon the resumption of the hearing.

LHC Justice Baqir Ali Najfi had ordered the police to make way and present Imran.

Senior PTI leaders Fawad Chaudhry, Asad Umar, Shah Mahmood Qureshi and Azam Swati accompanied Imran.

A huge number of PTI supporters were seen trying to force their way into the court but law enforcement agencies staved them off.

On Monday afternoon, the former prime minister left for LHC after he was directed by the court to appear by 5 pm.

PTI leaders had said that Imran would only come if certain security measures are in place.

At the hearing today, Imran's lawyer, Khawaja Tariq Rahim said that they were told that traffic on Mall Road would be empty at the time of today’s hearing.

However, Justice Tariq Saleem Sheikh said: "The law is the same for everyone. Imran should come from where every common man comes."

Ahead of today’s hearing, a large contingent of police personnel was deployed at the main gate of the LHC. Imran’s legal team also arrived at the court to review security arrangements. But Justice Sheikh rejected the PTI's request to enter LHC premises through the Mosque or Judges Gate.

Speaking to the media, PTI leader Senator Shibli Faraz said that the request was made due to security and medical reasons.

He said due to his health conditions, Imran could not bear any shoving and pushing. The former PM is ready to appear before the court, but some security prerequisites are needed first, he said.

Meanwhile, PTI supporters have started gathering outside Imran's Zaman Park residence in Lahore where Imran has been recuperating since he was injured in an assassination attempt in Wazirabad while marching to Islamabad.

Background

A case was filed against Imran after party workers took to the streets and held demonstrations outside ECP offices across Pakistan after the ECP disqualified Imran in the Toshakhana case.

On Thursday, the LHC had rejected Imran's bail plea over non-appearance and directed him to appear before the court on February 20 (today). Imran’s lawyer Azhar Siddique submitted his power of attorney on behalf of the former prime minister, who had been asked to appear before the court in person.

LHC rejects Imran Khan's bail plea over non-appearance

Siddiqui told Justice Sheikh that his client wanted to withdraw his bail application as the Islamabad High Court (IHC) had already granted relief to Imran - last week, the IHC had barred a banking court from passing any direction on the former PM's bail plea in a prohibited funding case.

Justice Sheikh noted that Imran’s signatures on the affidavit, attached with the petition, and the power of attorney were different and said, "I will issue contempt of court notice to you or your client."

ATC rejects Imran's bail

Last week, an Islamabad Anti-Terrorism Court (ATC) had also rejected Imran's bail plea in the ECP protests case.

Today, ATC judge Raja Jawad Abbas Hassan rejected the former PM's bail on the grounds of non-appearance in court.

ATC rejects Imran Khan’s bail in ECP protest case

ECP verdict

In October last year, a five-member ECP bench had disqualified the former PM in the case.

The verdict sparked protests outside ECP offices across Pakistan.

The ECP disqualified the PTI chief under Article 63(1)(p), which says that an individual is, “for the time being, disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a provincial assembly under any law for the time being in force”.

Toshakhana reference: ECP disqualifies PTI chief Imran Khan

The ECP said that the former PM submitted a false affidavit and was found to be involved in corrupt practices. The verdict says the respondent had "intentionally and deliberately violated the provisions contained [in] sections 137, 167 and 173 of the Elections Act, 2017".

As per the verdict, criminal proceedings were to be initiated against Imran for misdeclaration. The ECP also ruled that office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017.

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