PTI appealed to the IHC the decision of a district and sessions court upholding the non-bailable arrest warrant for former prime minister Imran Khan.
A day earlier, Additional Sessions Judge Zafar Iqbal denied a request to suspend the warrants issued in the Toshakhana case last month due to the defendant’s repeated absences from court sessions.
The court agreed to the request made by Advocate Ali Bokhari, the attorney representing PTI Chairman, to schedule this case for a hearing today. At 2 PM, the hearing is slated to begin.
The PTI lawyers claim in the appeal that the contested orders violate the law and the facts and were made without taking into account the widely accepted principle that each case must be evaluated in light of its unique circumstances.
Additionally, it claimed that the petitioner’s freedom had suffered as a result of the orders. The petition stated that “the impugned decisions are passed ignoring the alteration in law” since “the Honourable Apex Court has interpreted the law in favour of the accused person and utilised modern procedures as per the facts of the case” in a number of recent judgements.
“It is also a settled law that the superior courts being superior in the hierarchy of the adjudication are to be attended in priority and the same is legally and ethically obeyed by the petitioner,” the statement continued.
“The precedent that the petitioner established by showing up in all the courts allows one to infer his intentions. However, in Islamabad, due to unavoidable circumstances, was unable to appear before this honourable court, and the predefined circumstances were actually out of the petitioner’s control and instead were intended to increase respect for the judiciary by having the petitioner appear before the higher forums “the cited petition.
The PTI leader is dealing with major health concerns as a result of the attack in Wazirabad, according to Imran Khan’s attorneys, who also claimed that his medical advisors have consistently advised against him taking any kind of trip.
“At the same time, the present circumstances and scenario expressly speak volumes of a life danger to Khan among other serious conditions cumulatively are obstacles before his appearance before the court asks indulgence of this honourable court to set aside the assailed orders.”
It also made clear that the absence was unintentional. In light of the above, it is humbly requested that the contested orders of February 28 and March 6 be kindly put aside to provide the petitioner with a fair opportunity to attend and defend himself before the learned trial court. This would be in the interests of justice.