Islamabad's Anti-Terrorism Court (ATC) and Banking Court on Wednesday summoned PTI chairman and former prime minister Imran Khan for a separate face-to-face hearing on protests outside the Election Commission of Pakistan (ECP). The Toshakhana case and the banned funds, respectively.
Imran's lawyers sought immunity from the court on medical grounds in both cases. However, their request was denied.
The PTI chief has been recuperating at his Zaman Park residence in Lahore after his caravan was injured in an assassination attempt during a stopover in Wazirabad, Islamabad.
So far, the former prime minister has not appeared in any courts.
ATC quickly notified Imran
In an ATC hearing today, Judge Raja Jawad Abbas Hassan rejected Imran's request for immunity from court on medical grounds - in the Toshakhana case relating to protests outside the ECP.
The order was given for Imran Khan to make an appearance in court at 1:30 pm.
In the last hearing, the court granted the head of PTI a last chance to appear in court on February 15.
On October 21, the ECP concluded that the former prime minister had indeed made "false representations and incorrect claims" about the gifts.
Toshakhana is a department under the Cabinet that stores gifts from other heads of government and foreign dignitaries to rulers and government officials. As per the Toshakhana rules, gifts/gifts and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Secretary.
Imran was disqualified under Article 63(1)(p) of the constitution, the regulator's order said. Demonstrations erupted outside the offices of the Election Commission of Pakistan throughout the nation in response to the court's decision.
At the start of today's hearing, Imran's lawyer, Babar Awan, said he wanted to present some arguments on the case before proceeding to read the FIR registered against his client.
"The case against Imran was registered as a breach of Section 144," he noted, arguing that it was not what the ATC considered a terrorism case.
"The court has granted bail to others named in the case," Arwan argued. He asked for the FIR's terrorism charges to be dropped.
At the time, the judge stated that Imran's request for bail was currently being heard by the court.
"Should violations of Section 144 also be punishable," Imran's lawyer asked here, adding that a judge attending an additional session had granted Imran temporary bail until February 27.
"He attempted to travel but was unable to do so. I requested the court to extend my client's bail until that time," he stated.
Awan went on to say that Imran had "never fled the court or the country" and called for a last chance. "I am willing to provide surety bonds amounting to Rs 10,000," said the speaker.
Lawyers then asked the court for time to consult Imran on the matter, before the hearing was adjourned to 2.30 pm.
Show up by 3:30 pm or law will run its course: Banking court
Earlier, a banking court in Islamabad also rejected Imran's plea for immunity in the banning funding case against his political party and directed him to appear in person today.
"Imran Khan should appear in court by 3.30 pm today," Banking Court special judge Rakhshanda Shaheen said.
She added that if he does not comply, the law will take its course.
Last year, the ECP handed down its judgment in PTI's prohibited funds' case (formerly known as the foreign funds case), saying the party did receive prohibited funds.
In its judgment, the committee said the party "knowingly and willfully" received funds from Wootton Cricket Limited, run by business tycoon Arif Naqvi. It said the party was the "voluntary recipient" of $2,121,500 in prohibited funds.
According to the ECP, the party deliberately accepted contributions from foreign entities such as Bristol Engineering Services (a UAE company), E-Planet Trustees (a privately registered company in the Cayman Islands), SS Marketing Manchester (a private company in the UK), PTI USA LLC-6160, and PTI USA LLC-5975, even though it was in violation of the laws of Pakistan.
The FIA then registered a team named Imran, Sardar Azar Tariq Khan, Saifulah Khan Niazi, Syed Yunus Ali Raza, Amir Mohammad Kiani, Tarek Rahim Sheikh, Tarek Shafie, Faisal Makpur Sheikh, Hamid Zaman, and Manzoor Ahmad De Chowdhury's case as signatory/beneficiary of the relevant PTI account.
In previous hearings, the court rejected the former prime minister's request for a virtual hearing and directed him to appear in person on February 15. Imran then filed a dummy lawsuit in the Islamabad High Court.
As proceedings began today, Imran's lawyer, Salman Safdar, applied to the court to be excused from attending the hearing in person. The IHC has also filed a similar petition, he said.
"I have medical evidence to support my request, and if the court accepts it, I won't take the matter to the High Court," he asserted.
At the time, the judge noted that PTI had appealed the Banking Court's order. "You questioned my order...you should absolutely go to the High Court," Justice Shahib said.
Safdar then proceeded to lay out his arguments in the case.
"I will make a short plea. I don't want to go into the High Court against you. I hope you will hear us here with an open mind," he said.
He noted that despite being in his 70s, Imran Khan is fit and works out regularly. However, he pointed out that even a young person would require more than three months to recover after being shot. Additionally, he mentioned that Imran Khan was exempted from biometric verification due to his age. The lawyer argued, asking the court to give his commission three weeks exemption period. Show up in person.
Safdar also submitted the X-ray of Imran Khan in court.
"We have medical evidence to support our request," they said. We only requested a three-week extension so that Imran could stand without a brace. If the court is not willing to grant our request, it would have to state that Imran's medical report is incorrect. It is also important to mention that Imran was not shot," he said.
Here, the judge asked whether the IHC had issued any orders related to a request by FIA special prosecutor Rizwan Abbasi to say no such orders had been given.
"Indeed, their petition was challenged," he said.
In their case, prosecutors argued why Imran never went to a government hospital.
"Imran Khan doesn't have any serious problems. Just a slight sprain and inflammation in his leg," he said, adding that those grounds could not justify an in-person hearing.
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