RAWALPINDI:
Counsel for former prime minister Imran Khan walked out of an anti-terrorism court (ATC) on Tuesday after the judge rejected their request to halt proceedings in a case until a high court rules on the legality of his decision to secure Imran’s presence through a WhatsApp video call.
During the hearing of the May 9 GHQ attack case in which Imran Khan is one of the key accused, a heated argument took place between the defense — Imran’s counsels — and prosecution.
On behalf of Imran Khan, two applications were filed: one seeking transcripts and CCTV footage of the September 19 proceedings in which also Imran Khan appeared through WhatsApp, and another requesting suspension of the trial until a high court issues order on the jail trial.
One of Imran’s counsels, Advocate Faisal Malik, argued that until they were allowed to consult with Imran Khan in private, the defense could not be part of the trial.
The judge responded that Imran had already been given the opportunity in the last hearing, but he himself had chosen to boycott proceedings. The court advised the defense to challenge its decision and maintained that proceedings could not be halted.
Prosecutor Ikram Amin Minhas said the defense had boycotted the last hearing, so the court was under no obligation to entertain their objections. He accused the defense of deliberately wasting time, noting that the trial could not be stopped as testimonies of the prosecution witnesses had to be recorded.
Prosecutor Zaheer Shah added that there was no legal provision to halt proceedings, and questioning judicial orders amounted to contempt. Malik retorted that they were only demanding a fair trial: “If the accused cannot hear his lawyer, or the lawyer cannot hear his client, how is this a fair trial?”
Prosecutor Shah argued that repeated boycotts and fresh applications were merely U-turns, and under high court instructions, no footage or transcripts could be provided. He accused the defense of wanting excuses to portray themselves as victims in the media.
Imran’s lead counsel Salman Akram Raja stressed that courts should act under the Constitution, not government instructions: “You cannot present a person locked in a cell over a WhatsApp call.”
The judge reiterated that the defense had the right to challenge orders in the high court, but unless the high court issued fresh directions, the proceedings would not be halted.
Defense counsels Salman Akram Raja and Faisal Muhammad Malik staged a walkout in protest against the continuation of WhatsApp-based proceedings. PTI founder Imran Khan appeared in the court through a WhatsApp video call but after a few minutes boycotted the proceedings once again.
According to Raja, they could hardly hear Imran due to poor connection and the call dropped as soon as they announced the boycott.
Despite the walkout, the court recorded the statements of eight witnesses, including PEMRA Additional Director Nadir Khan, FIA’s technical assistants Anis-ur-Rehman and Muhammad Imran, PID Deputy Directors Muhammad Tariq and Hasnain Wazir, two former Islamabad assistant commissioners.
PTI founder’s counsels, Salman Akram Raja and Faisal Malik, have formally challenged the GHQ attack case proceedings before the Lahore High Court (LHC) Rawalpindi Bench.
In their constitutional petition, they argued that such proceedings are unconstitutional, unlawful, and contrary to the principles of a fair trial under Article 10-A of the Constitution.
The petition seeks to have the video-link/WhatsApp trial declared null and void, and demands that Imran Khan be either produced before the court from Adiala Jail or that an open trial be conducted inside the jail premises in line with constitutional safeguards.
The petition also requests that all proceedings conducted via WhatsApp calls on September 19 and September 23 be declared void.
It emphasizes that lawyers cannot properly consult with their client, nor can meetings take place, under a video-link trial. The petition recalls that the Islamabad High Court had already struck down a similar attempt in the cipher case.
An LHC division bench comprising Justice Sadaqat Ali Khan and Justice Muhammad Waheed Khan may take up the petition today (Wednesday).
