By Fazal Sher

Copyright brecorder

RAWALPINDI: An Anti-Terrorism Court (ATC) on Tuesday rejected Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan’s two petitions seeking to halt the proceedings of the GHQ attack and 9 May cases until the decision of the Lahore High Court (LHC) on the petition against the notification of transfer of trial of these [GHQ and May] cases and provision of CCTV footage.

ATC judge Amjad Ali Shah dismissed Khan’s petitions after hearing the arguments of the defence and prosecution.

Khan’s lawyer, Salman Akram Raja, Faisal Malik, and the prosecution team comprising Ikram Amin Minhas and Zaheer Shah appeared before the court.

During the hearing, Malik stated that the PTI legal team will not participate in the proceedings until the court permits them to consult with Khan. The judge responded that during the last hearing, the defence lawyer was allowed to speak with Khan, who subsequently boycotted the proceedings.

“You may challenge the WhatsApp communication in the high court,” the judge remarked. Malik confirmed that they had already challenged it in the high court, asserting that “a WhatsApp call cannot be considered a video link.”

It is pertinent to note that during the previous hearing, the court marked Khan’s attendance via a WhatsApp call instead of a video link.

“We need time to challenge this court’s previous order,” Malik urged. The judge replied that you may go ahead and challenge it, but court proceedings cannot be halted.

Special Prosecutor Ikram Amin Minhas while objecting to the defence counsel’s stance, said that they had boycotted the previous hearing and now were demanding more time. “Today, the court is not bound to answer any of the defence’s questions,” he added.

He said defence counsel walks out one day, and the next day they demand time. He said that witnesses were ready to testify and the trial could not be delayed. There is no legal provision to halt the trial, prosecutor Zaheer Shah said. The court had already issued orders in response to the defence’s previous requests, and that raising questions about those orders amounts to contempt of court, he said.

Khan’s lawyer, Faisal Malik said “we are just demanding a fair trial, arguing, if the accused cannot hear his lawyer or the lawyer cannot consult with his client, how can it be called a fair trial,” he asked.

Prosecutor Shah responded by accusing the defence of taking a U-turn by boycotting court proceedings and then filing fresh applications. He also cited (LHC) orders, which prevent the provision of any footage or transcripts to either party. The defence just wants an excuse to go outside and portray themselves as victims in the media, he said.

Advocate Salman Akram Raja argued that the court operates under the constitution, not government instructions. He said that this is not acceptable because the accused could be presented via WhatsApp from a jail cell.

The judge said the defence had every right to challenge the court’s order, but until the LHC issues any directive, the trial would continue. Raja said that a speedy trial is not mandatory.

He also requested that the legal team be allowed to consult the PTI chairman. The court responded, “Last time your client started giving a speech after we allowed him.”

Raja complained that they were not being allowed to meet their client. A lawyer follows the instructions of his client, he asserted.

The judge said that the trial court cannot disregard the directions and orders issued by the LHC, and that proceedings would continue as per legal protocols.

Later, during the hearing court recorded statements of eight prosecution witnesses including Nadir Khan, Additional Director, Pakistan Electronic Media Regulatory Authority (PEMRA), Anees-ur-Rehman and Muhammad Imran, Technical Assistants, Federal Investigation Agency (FIA), Muhammad Tariq and Husnain Wazir, Deputy Directors, Press Information Department (PID), Muhammad Abdullah, former Assistant Commissioner, Islamabad and Awaid Irshad Bhatti, Bilal Ahmed, Section Officer, Ministry of Interior.

During the hearing, all witnesses submitted their respective reports before the court. With these testimonies, the total number of recorded witnesses in the case has reached 41.

PTI founding chairman briefly attended the hearing via WhatsApp link. The court summoned more prosecution witnesses for the next hearing and adjourned the hearing of the case till September 27.

Talking to reporters after the hearing, Salman Akram Raja said that Khan was produced via WhatsApp link in the courtroom, but the quality of audio and video was extremely poor, making communication impossible.

“We requested to speak with our client, and we tried to communicate with him as per the court’s permission, but due to a weak video link, we could not hold a conversation with him,” he said.

He emphasized that certain discussions with the client cannot be held in front of the entire courtroom, and that the current arrangements violate the basic rights of the accused. “The Chairman PTI is unaware of what is happening in the courtroom. He cannot hear us, nor can he see what is going on,” Raja claimed.

He announced that the defence team has filed an application in court, stating that under the current conditions, they cannot continue participating in the trial. “What is happening is a mockery of the concept of a fair trial under the law. Trials should be held in open court, where the accused can communicate freely with their lawyers and confront witnesses,” he asserted.

Raja further argued that the accused must be able to look witnesses in the eye, which is a fundamental right under criminal law. The accused has been deliberately isolated in a closed room, preventing any meaningful participation in the trial process, he said.

“We have walked out of the court, and we will not be a part of this trial under these circumstances,” declared Raja.

He also said “we have filed a petition in the LHC, Rawalpindi Bench, challenging the ongoing proceedings. We hope that the LHC will hear our petition against this trial tomorrow [Wednesday]. Until then, we will not be part of this process,” he added.

Copyright Business Recorder, 2025