An anti-terrorism court (ATC) in Rawalpindi formally pressed charges against Aleema Khan and 10 others accused in a case pertaining to May 9 protests.
Aleema, incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s sister, refused to sign the charge sheet and insisted the court await ruling on her plea challenging the ATC’s jurisdiction to hear the case.
Aleema’s counsel has challenged ATC’s jurisdiction under Section 23 of the Anti-Terrorism Act 1997.
Section 23 of the ATA gives the ATC power to transfer cases to regular courts if it is of the opinion that the offence is not a scheduled offence.
The petition, filed earlier, contends that Aleema is not accused of direct protest but of delivering a message from Imran Khan—an act protected by the constitutional right to freedom of speech. It argues that conveying a message does not constitute a terrorism offence under Section 7 of the ATA.
ATC Judge Amjad Ali Shah admitted Aleema’s petition for hearing and proceeded with the charge sheet. The judge maintained that the court would hear arguments from either side on Aleema’s petition.
The hearing was subsequently adjourned till October 17.
Read: ATC issues non-bailable arrest warrant for Aleema Khan
Earlier, state prosecutor Zahir Shah strongly objected to the petition, calling it “unlawful” and an attempt to “waste the court’s time”.
He argued that the trial could not be halted by such a challenge and pointed out that nine other accused in the same case had already been convicted, rendering her petition inadmissible.
This case is one of the eleven registered against Aleema Khan. Other May 9 cases pertain to the attack on General Headquarters (GHQ) Gate IV, the armed forces museum and the burning of a Metro Bus Station, among others.
Read more: Court issues non-bailable warrant for Aleema
Previously, the court had accepted a similar petition from Aleema Khan challenging the charges and the court’s jurisdiction in a separate protest case from November 26. At that time, the court had cancelled her non-bailable arrest warrants.
A heavy police presence was noted at the courthouse on Wednesday.
“They must have come to arrest me. They have their orders.” She added, “if they have to arrest me, they should do it,” said Aleema, speaking to the media outside ATC.
Also read: PTI workers not egg-cited to see Aleema Khan
“We have challenged the court’s jurisdiction, as the court lacks the jurisdiction to hear this case,” said PTI lawyer Faisal Malik. He confirmed that a petition with “strong arguments” had been submitted and that their core stance was that “this case does not hold legal ground”.
The plea further states that if delivering Imran Khan’s message to media personnel is deemed terrorism, then the media outlets that broadcast it to the nation would be equally culpable. Consequently, the defence has sought the removal of the terrorism charge and the quashing of the entire case.
The court has summoned five prosecution witnesses to record their statements at the next hearing on October 17, when the defence will also present its arguments on the jurisdiction challenge.
