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Record contradicts Imran’s allegations of ‘bias’ against IHC CJ

ISLAMABAD: In contrast to allegations levelled by Imran Khan against Islamabad High Court (IHC) Chief Justice Justice Aamer Farooq of having a “deep and settled bias”, the record shows the PTI chief got relief in all three dozen petitions heard by Justice Farooq. According to the IHC record, Justice Farooq has heard 36 petitions of Mr Khan since May. Initially, the IHC CJ issued a stay order on May 14 against the proceeding of Toshakhana case, which was reversed in July. He also stayed the trial proceedings in two other cases on May 12. In 16 petitions, the IHC CJ overruled the administrative objections raised by the registrar’s office on petitions seeking transitory bail in the cases registered in other provinces. He also granted bail to Mr Khan in all these cases against nominal surety bonds. CJ Farooq has heard 36 pleas by PTI chief since May, issuing stay orders and giving relief multiple times Justice Farooq restrained the Federal Investigation Agency (FIA) and the police from arresting PTI chief and summoned the record related to cases registered against Mr Khan across the country. The PTI chairman also secured protective bail in eight cases from the Courtroom 1 of the IHC’s chief justice. Justice Farooq suspended the non-bailable arrest warrants for Mr Khan. Moreover, the call-up notices of the National Accountability Bureau (NAB), regarding the summoning of Mr Khan and his wife, Bushra Bibi, were also suspended in Rs190 million corruption case through separate petitions. On the other hand, Mr Khan filed a petition before the Supreme Court, requesting it to transfer all his cases being adjudicated in the IHC to some provincial high courts. He accused the IHC CJ of “endeavouring to do everything to keep the petitioner behind bars with the intent that he be unable to contest the forthcoming general elections and thus be ousted from the politics of Pakistan.” However, Islamabad High Court Bar Association (IHCBA) President Naveed Malik said that Justice Farooq was one of the most honest and credible judges of the superior judiciary and not a single lawyer from the bar had ever accused him of being biased. He termed it unfortunate that a political party started a campaign against the judge on social media and then a petition has been filed in the Supreme Court to transfer the case from the IHC to another provincial high court. “The courts grant relief in accordance with law, not on the whims of the litigants,” he said. Criticising a judge for any decision was highly condemnable, he said, adding that the IHCBA would respond to the “malicious campaign” against the IHC chief justice. Former IHCBA president Raja Inam Ameen Minhas said that such tactics are used to exploit the situation and to get maximum relief from a judge. He said that the law provided remedies against every adverse order in the form of filing reviews and appeals; therefore, if someone was not happy with a verdict, the same could be challenged, but challenging a judge was deplorable. Advocate Kashif Ali Malik stated that following Mr Khan’s conviction in Toshakhana case, the PTI started targeting Additional District and Sessions Judge (ADSJ) Humayun Dilawar and IHC Chief Justice Aamer Farooq. According to him, Mr Khan had previously filed a similar petition before the IHC CJ in July, but later his counsel expressed confidence in IHC CJ when the latter was hearing a petition seeking transit bail in the murder case of a lawyer. The court also allowed the bail to Mr Khan in this petition. Sources within the PTI’s legal team said that Khawaja Haris has disassociated himself from Mr Khan’s cases because he was opposed to filing a petition against the IHC CJ in the Supreme Court. Barrister Gohar Ali Khan, a senior lawyer of PTI’s legal team and a member of the core committee, when contacted, said that the IHC CJ had granted interim relief in most of the cases, while there was little or no relief in the final orders of some cases. However, senior PTI lawyer Shoaib Shaheen said that in the Tyrian White case, the IHC CJ withheld the majority judgement, and did not take action against Rangers for arresting Mr Khan in the Al-Qadir Trust case within the premises of the high court on May 9. Published in Dawn, August 26th, 2023
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