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BHC quashes sedition case against Imran Khan

Charges are 'without lawful authority and are of no legal effect,' says court order
Former Pakistani Prime Minister Imran Khan pauses as he speaks with Reuters during an interview, in Lahore, Pakistan March 17, 2023. Reuters/File
Former Pakistani Prime Minister Imran Khan pauses as he speaks with Reuters during an interview, in Lahore, Pakistan March 17, 2023. Reuters/File

The Balochistan High Court quashed on Monday a sedition case against PTI chief Imran Khan on Monday, providing some relief for the cricket hero turned politician who was jailed on corruption charges earlier this month.

The case against Khan, 70, had been registered in March in Quetta, the capital of Balochistan province, based on an allegation that one of his speeches was seditious.

Following an appeal by Khan, the BHC said prosecutors had failed to obtain the required consent from the federal or provincial government to lodge sedition charges.

The charges are “without lawful authority and are of no legal effect,” the court ruled, throwing out the case.

BHC terms Imran’s arrest warrants as ‘illegal’

The Balochistan High Court also dismissed the First Information Report on Monday against chairman PTI Imran Khan who was nominated in the sedition case.

A two-member bench led by Justice of BHC Naeem Akhtar Afghan and consisting of judge Gul Hassan Tareen heard the case registered in Bijli police station, Quetta on March 5, 2023.

On March 9, the judicial magistrate (i) issued the non-bailable arrest warrants against Imran Khan. Subsequently, the Ittahad lawyer’s forum challenged the warrants in BHC.

The written order, a copy of which is available with Aaj News states: “Judicial Magistrate (i), Quetta issued non-bailable warrants petitioner on March 9, 2023, without applying its judicial mind and without determining as to whether it can take cognizance of the offences in absence of any authorization by federal or provincial governments.”

It added that the FIR and the non-bailable arrest warrants of the petitioner were cancelled, as it has been issued without lawful authority and had no legal effect.

The FIR was registered under sections 124A (Sedition), 153-A (Promoting enmity between different groups, etc.), 504 (Intentional insult with intent to provoke breach of the peace), and 505 (Statements conducing to public mischief) of Cr.P.C. and section 20 of the electronic crime act, 2016 has also been included in FIR.

“God be praised,” Khan’s lawyer Naeem Panjutha said in a jubilant post on X, the messaging platform formerly known as Twitter.

The sedition case was among dozens of cases brought against Khan since he lost power after being defeated in a parliamentary confidence vote in April 2022.

Later on Monday, a high court in Islamabad is expected to rule on Khan’s appeal to suspend his conviction and three-year jail sentence for corruption.

A general election was expected in November, though it is likely to be delayed until at least early next year.

Khan cannot contest and has been barred from holding political office for five years.

Aside from the graft and sedition cases, Khan is also facing charges ranging from terrorism and encouraging assaults on state institutions - after his supporters attacked military and government installations in May - as well as abetment to murder following the slaying of a Supreme Court lawyer in June.

Lawyer Abdul Razzaq had been seeking to lodge charges of treason against Khan in the Balochistan High Court for unlawfully dissolving parliament after his ouster last year.

After Razzaq was slain in a drive-by shooting in Quetta, his son accused Khan of ordering the attack on his father. Khan has denied any involvement.

(With input from Reuters)

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