The Lahore Anti-Terrorism Court (ATC) has denied PTI founder and ex-prime minister Imran Khan post-arrest bail in a case related to the May 9 riots, observing he was “guilty”, according to a written order issued on Saturday.
Following the arrest of the ex-premier on May 9, 2023, from the Islamabad High Court’s premises, riots erupted across the country and went on for at least 24 hours.
The state subsequently launched a crackdown against him and his party, filing several other cases against Imran since the events of May 9, in many of which he has been acquitted.
The ATC on Wednesday had dismissed Imran’s petitions seeking post-arrest bail in eight May 9 cases, including an attack on the corps commander’s residence. ATC-I Judge Manzer Ali Gill had reserved a verdict after hearing the final arguments of the lawyers for the petitioner and the prosecution, which he announced later in the evening.
The written court order on the case, registered at the Mughalpura Police Station about an attack on a police official’s vehicle, pertained to Imran’s request for post-arrest bail, which was denied. This is not a conviction or final judgment on the merits of the case.
The order, available with Dawn.com, said: “Petitioner was found guilty. It is also in the mind of this court that the petitioner is not an ordinary man. He is chairman of PTI and his directions and communication carries weight to the workers, other senior leaders, voters and supporters. None from the other leadership of PTI even think about to deny or reject the directions and command of the petitioner being chairman/founder of the party.
“As per police the incident in hand as well as dozens of other like nature episodes took place on the same day. In all the such like incidents only the army installations, government institutions and police officials were under attacks by the protestors. No independent or private property was damaged or attacked,” the order on the case’s bail petition reads.
Judge Gill observed: “It is not an ordinary case of abetment, instigation or conspiracy.”
He said that as per the case record, Imran was alleged to have plotted a “conspiracy” at his Zaman Park residence with other party leaders for the public and party workers to “attack upon the state machinery as well as military installation throughout Pakistan and also attack upon police officials, jam the state machinery by overawe the law enforcement agencies.
“Same directions and instigation was complied with not only by the other senior leadership but also the general worker and supporters.”
The order said the statements of prosecution witnesses were available on the record regarding the allegation of conspiracy and “the prosecution has also other audio-visual evidence to prove the instigation, abetment of the petitioner and the commission of offence by other leadership and workers.”
The order said that Imran’s role in the conspiracy was also discussed in detail by the Lahore High Court while deciding the post-arrest bail of PTI leader Ejaz Chaudhary.
It added that the offences fell within the prohibitory clause of Section 497 (when bail may be taken in ease of non-bailable offence) of the Code of Criminal Procedure.
Section 497 gives the right to apply bail on the ground of statutory delay provided that delay in the trial has not been occasioned by an act or omission of the accused or any other person acting on his behalf.
The judge said he found no merit in Imran’s bail petition and dismissed it.
Imran’s lawyer Salman Safdar told Dawn.com that the legal team would approach the high court next for bail.
The post-arrest bail petitions were filed after the Lahore High Court on July 25 quashed Imran’s physical remand in 12 cases.
ATC-III Judge Arshad Javed on Nov 8 granted post-arrest bail to Imran in four cases, including burning the PML-N office in Model Town, a container near Kalma Chowk, police vehicles in Gulberg, and violence at Sherpao Bridge during the May 9 riots.
