-Finds Khan’s reply ‘unsatisfactory’ in Contempt of Court case
-Khan submitted two responses, but didn’t issue unconditional apology
-Warns of more danger if jailed
BY Anzal Amin
ISLAMABAD: Islamabad High Court (IHC) Thursday decided to indict PTI Chairman Imran Khan on September 22 after the former prime minister did not submit an unconditional apology.
“Imran Khan’s response was unsatisfactory,” said IHC CJ Athar Minallah. CJ Minallah is heading a five-member bench — comprising Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangir, and Justice Babar Sattar — that heard the case.
Once the court took a five-minute break after the reservation of the verdict, Khan got up and asked the court if he could speak. At this, the IHC CJ said that the court had heard his lawyers.
“I want to give my stance; the court can question me,” Khan said, but the court prefered to let it be and decided against listening to the PTI chairman.
The court had last month taken notice of the former prime minister’s speech at a public rally, where he allegedly threatened Islamabad additional sessions judge Zeba Chaudhry for extending PTI leader Shahbaz Gill’s remand.
At the last hearing, the IHC chief justice had asked Khan to ensure that he submits a “well-considered” response in seven days to the show-cause notice, otherwise the court would have its way.
In his first response to the IHC’s show-cause notice in the case, the PTI chairman did not apologise, offering, however, to withdraw his remarks “if they were inappropriate.”
In his latest response, which was a 19-page-long document, the PTI chairman seemingly opted to tell the court that it should discharge the notice based on his explanation and follow the Islamic principles of forgiveness.
However, in both responses, the PTI chairman did not offer an unconditional apology, which ultimately led to the court taking the decision despite amici curiae suggesting that the former prime minister be forgiven.
During the hearing, the IHC chastised the PTI chairman, saying that the former prime minister seeks to “constantly justify” his actions, in a case pertaining to contemptuous remarks he made about a magistrate in a rally speech. “It appears you have no realisation of the gravity of the situation,” said IHC Chief Justice Athar Minallah.
Expressing his disappointment in the response given by Khan to the court, which was the second of its kind, the court asked: “Even after the court’s input on the matter, this is the response submitted?” “It seems you want to fight this case and you have no realisation that the case against you is extremely seriously,” noted Justice Minallah.
Justice Sattar noted that “threatening” words were used by Khan in his speech, that he showed “no remorse”, and that recent statements also seem to suggest he has “no remorse”. The court regretted that Khan, instead, is constantly attempting to “justify” his actions.
The PTI chair appeared before a five-member IHC bench amid strict security measures in place in and around the premises of the court, including the deployment of 788 cops under the supervision of two superintendents of police.
Moreover, the ways leading to the court have been barricaded with barbed wires, while the availability of tear gas shells and an armoured vehicle has also been ensured to deal with any untoward situation.
The IHC CJ went on to say that action under criminal contempt of court wasn’t taken in Daniyal Aziz and Talal Chaudhry cases.
“This [Imran Khan’s case] is criminal contempt which is related to an under-trial case,” he added. CJ Minallah said without mentioning Imran Khan that [PTI] supporters were provoked against a female judge. He said that the court has clearly informed the defence about the gravity of the matter. “What if anything happens to the judge?” he asked.
Meanwhile, Justice Sattar remarked how a political leader could say that he would take action against a judge while speaking at a public gathering.
“There is a separate forum for an action against a judge but that’s not a public rally,” he said. At this, Hamid Khan, Imran’s counsel, maintained that the PTI chair missed the word “legal” while saying he’ll take action against the judge.
“Legal action also translates into a complaint,” he said. Responding to the argument, Justice Sattar asked how a leader could say that he would take “legal action” against a judge. “There is a mechanism for legal action against a judge,” he said.
Declaring subordinate judiciary a ‘red line’, IHC CJ Minallah warned the PTI chairman that threatening a district judge is a more serious offence than a Supreme Court justice.
Expressing his displeasure over the reply submitted by Khan, the CJ asked can the former prime minister give an excuse for his ignorance. “The offence is very serious which has not been realised,” remarked Justice Minallah, saying they only have to look at the law.
At this, Hamid said that they have realised, hence, they mentioned it in their written response. The judge asked if their reply was appropriate in light of the SC’s verdicts. No one can pressurise the court, observed the CJ.
Defending his client, Hamid clarified that Khan wrote in his reply that he respects the district and the apex court. He maintained that his client had made the statement due to the alleged torture of Shahbaz Gill.
Before appearing for the hearing, the PTI chairman told journalists that he would become “more dangerous” if the government decides to send him behind bars.
“They have been trying to [put me in jail for long now]. I will be more dangerous if they send me to jail,” Khan said, as he smiled, showing confidence ahead of the hearing.
The PTI chairman wondered who did the authorities fear as they had deployed a heavy contingent of police outside the IHC. He also refused to comment on whether he would apologise to the court or not.
Just hours before the hearing, Khan filed a new miscellaneous plea seeking permission to submit written arguments. In his fresh plea, Khan argued that the high court cannot exercise suo moto jurisdiction as per the Constitution. The arguments on the inadmissibility of the contempt case should be kept on record.
“The written arguments will also be explained in the oral arguments during the course of the proceedings,” read the plea.
