ATC warns against declaring Gandapur, others 'abscond' for not appearing


KP CM Ali Amin Gandapur addresses Pakistan Tehreek-e-Insaf (PTI) supporters at a protest rally against alleged rigging in the general elections at Peshawar Ring Road on Sunday, March 10, 2024. – PPI
  • Judge Supra inquires into responsibility for ensuring appearance.
  • The suspects will be declared “fugitives” for failing to appear, it says.
  • The judge says cases will be heard daily starting July 8.

ISLAMABAD: An anti-terrorism court (ATC) in the federal capital on Monday warned that it would declare Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur and other suspects as “absconders” for failing to appear before the court.

The remarks were made by ATC Judge Tahir Abbas Supra during the hearing of two cases filed against Pakistan Tehreek Pakistan Tehreek-e-Insaf (PTI) party leader Imran Khan and other leaders for alleged vandalism and violation of Section 144 of the Code of Criminal Procedure (CrPC) at Sangjani and I-9 police stations in the federal capital.

During today's hearing, PTI leaders Faisal Javed Khan, Ali Nawaz Awan, Wasiq Qayyum, Aamer Kiani and other suspects appeared before the court, while KP CM Gandapur and PTI leader Amir Mughal presented exemption requests.

Reacting to the request for exemption from appearance, Judge Supra said that it was not a valid reason to argue that one cannot appear in court because he is out of the city.

“Who is responsible for the failure to appear, the suspects or the court?” the judge asked, adding that no request for exemption from appearance from anyone would be accepted.

“We are issuing no-bail warrants for all of the missing suspects,” Judge Supra said.

In response, the lawyers acknowledged that the burden of proof for failure to appear in court falls on the suspects and asked the court for one more opportunity, assuring that all suspects would appear in court at the next hearing.

Given this, Judge Supra said that suspects who do not appear in court on July 8 will be declared “fugitives”, emphasizing that it is not necessary to wait 30 days to declare a fugitive to a court.

The judge also stressed that cases will only proceed if they have something in them and if not they will be resolved.

“I have to conclude these cases [and] It will only benefit you [if that happens],” he said.

The court also sought a written response from Jail Superintendent Adiala on the PTI founder's appearance via video link.

The court then adjourned both cases till July 8 and announced that the cases would be heard daily from the next hearing.

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