Rawalpindi:
Lawyer for former Prime Minister Imran Khan went out of an anti-terrorism court (ATC) on Tuesday after the judge rejected their request to stop the procedure in a case until a Supreme Court depreciates the legality of his decision to secure IMRAN’s presence through a WhatsApp video call.
During the hearing of the May 9 -rades case on May 9, when Imran Khan is one of the accused key, a heated argument took place between the Armed Forces – IMRAN’s Council – and prosecution.
On behalf of Imran Khan, two applications were submitted: one who sought prints and CCTV recordings of the 19th September procedure, where Imran Khan also appeared through WhatsApp, and another request for suspension of the trial until a Supreme Court’s decision in the prison attempt.
One of IMRAN’s advice, lawyer Faisal Malik, claimed that until they were allowed to consult Imran Khan privately, the defense could not be part of the trial.
The judge replied that Imran had already been given the opportunity for the last hearing, but he had chosen to boycott procedures himself. The court advised the defense to challenge its decision and maintained that the procedure could not be stopped.
Prosecutor Ikram Amin Minhas said the defense had Boikotted the last hearing, so the court was not obliged to entertain their objections. He accused the defense of deliberately wasting time and noting that the trial could not be stopped as testimony of the prosecution had to be registered.
Prosecutor Zaheer Shah added that there was no statutory provision to stop the procedure and to question legal orders. Malik reiterated that they only demanded a fair trial: “If the defendant cannot hear his lawyer or the lawyer cannot hear his client, how is this a fair trial?”
Prosecutor Shah claimed that repeated boycotts and fresh applications were only U-turn, and during right-hand instructions no recordings or transcripts could be delivered. He accused the defense of wanting excuses to make himself victims in the media.
Imran’s main adviser Salman Akram Raja emphasized that courts should act under the constitution, not government instructions: “You cannot present a person locked in a cell over a WhatsApp call.”
The judge reiterated that the defense had the right to challenge orders in High Court, but unless High Court issued fresh directions, the procedure would not be stopped.
Defense adviser Salman Akram Raja and Faisal Muhammad Malik staged a walkout in protest of the continuation of WhatsApp-based procedures. PTI founder Imran Khan appeared in court through a WhatsApp video call, but after a few minutes the procedure reserved again.
According to Raja, they could hardly hear Imran because of bad connection and the call fell as soon as they announced the boycott.
Despite the Walkout, the court recorded statements from eight witnesses, including Pemra additional director Nadir Khan, FIA’s technical assistants Anis-Ur-Rehman and Muhammad Imran, Pid-Vicedirectors Muhammad Tariq and Hasnain Wazir, two former Islamabad-assisted commissioners.
PTI -Basic Council, Salman Akram Raja and Faisal Malik, have formally challenged the GHQ attack case before the Lahore High Court (LHC) Rawalpindi bench.
In their constitutional petition, they claimed that such a procedure is constitutional, illegal and contrary to the principles of a fair trial under Article 10-A of the Constitution.
The petition seeks to get video link/WhatsApp case declared invalid, and requires Imran Khan either to be produced before the Court of Adiala Prison or that an open trial is carried out within the prison area in accordance with constitutional protection measures.
The petition also requests that all procedures implemented via WhatsApp calls on September 19 and September 23 are declared invalid.
It emphasizes that lawyers cannot properly consult their client, nor can the meetings take place during a video link attempt. The petition recalls that Islamabad High Court had already struck a similar trial in the chiffered case.
An LHC division bench consisting of Justice Sadaqat Ali Khan and Justice Muhammad Waheed Khan can take the petition today (Wednesday).
