RAWALPINDI: A Rawalpindi anti-terrorism court on Tuesday rejected two petitions moved by Pakistan Tehreek-e-Insaf (PTI) leader and former prime minister Imran Khan in the May 9 GHQ attack case, as his lawyers boycotted proceedings for the second time.
The court turned down Khan’s request for a transcript of proceedings on September 19 at the WhatsApp video trial and another for access to his lawyers before proceedings.
The judge said that the lawyers’ routine of meeting the PTI founder was already established, and that he could not stop the video-link trial nor permit an additional meeting.
ATC Judge Amjad Ali Shah heard the case. Khan’s lawyer, Faisal Malik, and Salman Akram Raja were present, while special prosecutors Zaheer Shah and Ikram Amin Minhas were present with their team.
The defense had also asked for a copy of the September 19 proceedings and CCTV footage, and requested deferment of the trial until the Islamabad High Court made up its mind about transferring the case to jail trial. Both applications were rejected after hearing arguments in the court.
In the hearing, attorney Faisal Malik stated that the defense did not want to join the proceedings until they could meet Khan for consultations. The judge observed that Khan had already been linked in the previous hearing, and he boycotted the proceedings himself, and he advised the lawyers to challenge WhatsApp communication in front of the high court.
ATC rejects Imran’s acquittal plea in GHQ attack case
Malik maintained that they had already appealed the WhatsApp communication in the IHC, terming a WhatsApp call to be not considered a video link, and asked for time to appeal against the earlier order of the trial court. The court responded that proceedings couldn’t be suspended, and they could challenge the order.
Prosecutor Ikram Amin Minhas argued that the defense boycotted the previous hearing, and the court was not required to answer their questions in today’s proceedings.
He stated that the defense was not serious about the trial and was just wasting time in the court, emphasizing that no law provides for suspension of the trial.
Defense attorney Faisal Malik contended that they were not asking for a fair trial, that if the accused could neither hear his attorney, nor vice versa, it would not be considered fair.
Prosecutor Zaheer Shah rebutted that boycotting proceedings and subsequently making new applications was a U-turn, further stating that, according to Lahore High Court directions, no transcript or footage could be offered. He claimed the defense was playing to the media for sympathy.
Lawyer Salman Akram Raja contended that courts had to abide by the Constitution, not government orders, and it was not right to show someone in solitary confinement over a WhatsApp call.
He emphasized consultation with Khan and stated that a speedy trial should not be at the cost of due process.
The judge reminded him that during the last hearing, when Khan was permitted to say something, he began giving a speech. Raja replied that lawyers have to act on their client’s advice, and they were being deprived of that right. The judge insisted that the trial court could not ignore the directions of the high court.
Proceedings after recess
After the recess, the hearing continued with Khan again being linked through a WhatsApp link. The defense lawyers asked for leave to consult him, which was granted by the court. But with poor audio and poor video, the defense boycotted the hearing once again, and Faisal Malik and Salman Akram Raja rose from their seats.
Both Khan and his lawyers being absent, the court decided to record the statements of the witnesses of the prosecution.
Case adjourned
The GHQ attack case hearing was postponed to September 27 after eight prosecution witnesses testified, namely Nadir Khan (Additional Director PEMRA), FIA technical assistants Aneesur Rehman and Muhammad Imran, PID deputy directors Muhammad Tariq and Hasnain Wazir, former Islamabad AC Muhammad Abdullah, Irshad Bhatti, and Bilal Ahmed (Section Officer, Interior Ministry).
Prosecution witnesses provided their reports in court. As many as 41 statements of witnesses so far have been recorded in the case, and Khan was also present through a WhatsApp link during the process.
The court removed SI Tasadduq, a prime witness who has departed from the country, from the list of witnesses. Ten government witnesses were present in the court, while additional prosecution witnesses have been called for the next hearing.
