An Anti-Terrorism Court in Lahore heard cases on May 9 where Pakistan Tehreek-e-Insaf Founder Imran Khan appeared via WhatsApp video call from Adiala Jail and denied responsibility for the incidents.
After hearing arguments from both sides on Monday, the court reserved its decision and later issued a reserved judgment.
Judge Khalid Arshad pronounced the reserved judgment, according to which the court ordered a physical remand of PTI founder for 10 days, while the police had requested a remand of 30 days.
PTI's lawyers opposed the physical remand and requested dismissal of the cases, which the court also rejected.
During the proceedings, Imran Khan rejected all allegations against him, stating, "The allegations against me are baseless. I was not present there on May 9. I did not orchestrate these events. I have no connection to these incidents. I was in Islamabad. I was arrested after my peaceful protest in Islamabad, where our people were peaceful but were fired upon."
He further mentioned that he had applied for a judicial inquiry into the May 9 incident, but the application is still pending.
He expressed concern over what he described as injustice done to them, stating, "All allegations against me are false. I did not incite anyone. They ask me to apologise; I say they should apologise for the injustice they have done. All CCTV footage has been erased."
Read: Treason case to be filed against Imran Khan, Arif Alvi, Qasim Suri
Imran Khan stated in his testimony that video evidence was used to convict in US Capitol Hill riots and that he has not called for violent protests in 28 years.
"My house was attacked, and I advocated for peaceful protest," he said, mentioning his pending judicial inquiry for May 9's lockdown in the Supreme Court. "I reminded the Chief Justice of Pakistan to hear our application."
Judge Khalid Arshad remarked, "Your statement and the arguments of the lawyers will be part of the order. I will decide according to the law." The court heard Imran Khan's appearance via WhatsApp, and investigating officers requested physical remand in various 12 cases against Imran Khan.
Government's counsel argued that remote attendance is equally important; otherwise, evidence will not be recorded. The court inquired, "Why are you not presenting Imran Khan in court?" In response, he stated that they cannot present him in court due to security reasons and had written this in the interim.
Imran Khan's lawyer, Advocate Azhar Siddique, said, "There is no such order on record which prohibits Imran Khan's personal appearance. Imran Khan was arrested on May 9 in Islamabad. The Islamabad High Court said the arrest was correct, while the Supreme Court said it was not correct. Here, the Supreme Court's decision will be accepted. The entire Pakistan stands on Articles 4 and 5. Pakistan's constitution provides freedom to every citizen."
He added, "Our objection is that it should first be decided whether such a hearing can be held or not. According to the law, after arresting the accused, he must be presented in the court chamber."
Also Read: ‘You’re answerable to Allah, not agencies,' Imran Khan tells judge
PTI's lawyer, Usman Riaz, requested to present evidence of some points of the ATC Act and, on obtaining permission, presented evidence, stating that the accused must be presented before the relevant court within 24 hours.
Judge's remarks included, "If the government issues a notification, then the hearing can be held." PTI's lawyer said, "Yes, absolutely, the court can hold a hearing. But you will have to bring the court to Adiala Jail, and they are trying to pressure you into illegal actions. We summarise our evidence, but we cannot do this."
During the hearing, Lahore's prosecutor said that Imran Khan's lawyers are trying to put pressure on the court. The prosecutor's objection to terrorism was that PTI's lawyer said, "We strongly object to the prosecutor's statement. The court heard us comfortably. This is completely unfounded."
The hearing resumed after a short break and Lahore's prosecutor Muhammad Azhar requested the court to grant physical remand of Imran Khan in 12 cases on May 12.
The prosecutor's position was that PTI founder's voice match, polygraph, and photographic test should be conducted.
Investigating Officer Jinnah House Muhammad Ashraf said that due to security reasons, Imran Khan cannot be presented in personal capacity. The Punjab government has issued a notification for Imran Khan via WhatsApp video call.
The prosecutor reiterated that Imran Khan cannot be presented here for PTI's protection, and a notification has been issued for a WhatsApp video call for attendance.
Read More: Imran Khan, Bushra Bibi acquitted in Iddat case
PTI's lawyer argued that this notification is limited only till a trial or jail hearing. "The prosecution's notification is fake, and not original, and we do not accept this notification. The original notification is affixed to the court file," he added.
The government's counsel, on PTI's lawyer's objection, took a 30-minute break to produce the original notification and addressed the PTI's lawyer, saying, "Let's issue the remand because Imran Khan has to stay in jail."
PTI's lawyer said, "You have to see the law. Custody cannot be given on assumptions. The court said, 'Okay, your point has come, I will see it.'"
Advocate Azhar Siddique of PTI requested to discharge Imran Khan and said, "I am now talking about moving forward from remand." Lahore High Court has made a big judgment a few days ago. The court discharged Sanam Javed in such cases." He added, "This audio, video that they are talking about is all said by the High Court."
At this point, they heard Lahore High Court judges Justice Asjad Gharal and Justice Ali Zia Bajwa's judgment, in which the High Court had severely criticised the government and police for misconduct.
Advocate Siddique stated that their aim is solely to persecute PTI founder. "They want to impose restrictions on Tehreek-e-Insaf, they want to use your shoulder, they want to carry a sword on your shoulder, they are doing such actions that are being laughed at around the world, I have come here today for this reason, this is my country."
Read the full story at the express tribune website.
