Bail petition: LHC judge warns of issuing contempt notice to Imran

The Lahore High Court (LHC) on Thursday warned of issuing a contempt notice against former prime minister Imran Khan on a petition seeking the PTI chief’s protective bail in a case pertaining to protests outside the Election Commission of Pakistan (ECP).

The remarks were passed by Justice Tariq Saleem Sheikh after he noted that Imran’s signatures on the affidavit — attached with the petition — and the power of attorney were different.

Yesterday, an Islamabad anti-terrorism court — on grounds of non-appearance — rejected Imran’s request for an extension in his interim bail in a case pertaining to violent protests outside the ECP after it disqualified him in the Toshakhana case.

The PTI chief has been convalescing in his Zaman Park residence in Lahore ever since he was wounded in an assassination attempt during a pitstop his caravan made in Wazirabad while they were marching on Islamabad.

Subsequently, the PTI chief had approached the LHC for interim protective bail, but the high court refused to grant the bail without his personal appearance and adjourned the petition till today.

“Bring him on a stretcher or in an ambulance. Bail will not be granted without him being present in court,” Justice Sheikh had said.

Earlier today, Imran submitted a power of attorney in court declaring Advocate Azhar Siddique as his counsel for the case.

The hearing

As the proceedings commenced today, Imran’s lawyer Azhar Siddique requested the court for some time, saying that the PTI chairman was meeting doctors and the party had some security concerns.

He, however, assured the court that Imran would be in court. At that, Justice Sheikh adjourned the hearing till 12:30pm.

When the hearing resumed, Siddiqui once against sought more time. “Consultations are still under way… we need more time,” he said.

Here, Justice Sheikh asked if Imran would appear before the court at all, to which the lawyer said: “Consultations on this [matter] are under way.”

Subsequently, the hearing was adjourned for another hour.

At 2pm, Imran’s lawyer appeared in court along with Dr Faisal Sultan — the PTI chief’s surgeon. Dr Sultan wanted to brief the judge regarding the ex-premier’s medical condition but was not allowed to do so.

Meanwhile, Siddiqui told Justice Sheikh that his client wanted to withdraw the bail application as the Islamabad High Court (IHC) had already granted relief to Imran in a similar case.

Here, the judge observed that the PTI chief’s signatures on the affidavit and power of attorney were different. “This is a very important matter … I will issue contempt of court notice to you or your client,” he said.

At that, Siddiqui stated that he will assist the court on the matter and sought some time.

“I’m not returning your application. I’m keeping it on pending,” the judge said and then adjourned the hearing till 4pm.

Imran’s petition

The PTI chairman’s petition was submitted by his counsels Advocates Malik Ghulam Abbas Nissoana, Muhammad Farooq Khokhar, Rashid Gill, Muhammad Aadil Khan and Ch Asghar Ali.

In the petition, Imran said that the Islamabad anti-terrorism court did not grant him an exemption from appearance on the basis of medical grounds, and rejected his request for an extension in his interim bail.

“I have to submit a bail petition again in the Islamabad ATC,” he stated in the petition and prayed to the Lahore High Court to “approve the protective bail for the surrender to take place in the concerned court.”

The case

The terrorism case in Islamabad was filed against Imran in Oct 2022 after PTI workers took to the streets and held demonstrations outside ECP offices across the country after it disqualified the former prime minister in the Toshakhana reference.

Soon after the verdict was announced, the PTI leadership asked people to take to the streets. Clashes were also reported between the police and protesters in Islamabad, Peshawar and Karachi.

The ATC had granted Imran a pre-arrest bail in the case in October last year and summoned him on multiple occasions but the ex-premier failed to appear in court. His lawyer had been seeking an exemption from in-person appearance on medical grounds.

Previously, Imran also petitioned the court for a virtual hearing but the request was rejected.