Islamabad district and sessions court on Wednesday issued a non-bailable arrest warrant for Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur in a 2016 case related to the latter carrying alcohol as well as unlicensed weapons.
While Hearing the case of Ali Amin Gandapur:
Civil Judge Shaista Khan Kundi, on July 29, summoned Gandapur for recording his statement before the court in the case. Judge Shaista had directed Gandapur to ensure his presence before the court on September 4 (today) for recording his statement under section 342 of the criminal procedure code (CrPC), observing that he has already skipped five hearings in the case.
During the hearing today, the judge rejected the plea of exemption from physical appearance in the court by Gandapur on medical grounds.
The court ordered the SHO Bhara Kahu to arrest and present Gandapur before the court tomorrow.
Gandpaur’s counsel Raja Zahoorul Hassan and Assistant Advocate Fatehullah Burki appeared before the court, as the latter was engaged in a heated exchange with his assistant over the absence of Gandapur before the court.
“Where is the accused? The case was called three times since this morning but he did not appear,” said Judge Shaista.
Assistant Advocate Burki tried pleading that there was a flood situation in Peshawar.
At this, the judge told the counsel that during the last hearing, they informed the court that CM Gandapur was busy, at which she had remarked that the chief minister’s official duty will continue but he shall nevertheless have to appear in the court.
Addressing Advocate Hassan, she said: “What was your undertaking? You remember, right?”
Advocate Hassan said they would submit Gandapur’s medical report since “he is unwell”.
“Your lawyer was saying there are floods, you are saying he is unwell,” Justice Shaista remarked as she reminded the counsel that she gave relief last time too because they asked for a later date.
Advocate Hassan told the judge their plea for acquittal was pending in the same court.
The judge replied, “According to the judgment of the Supreme Court, even if a case is at its fagging end, it should be decided on merit and not acquittal. For the eighth time, the statement of Section 342 was not recorded; then you say you did not get the right to a fair trial.
At this, Advocate Hassan said: “This is cruelty. The accused is the chief minister of a province; I am here in court. Yet you are passing a stern order.” “If there is nothing in the case, be brave and face the court,” the judge suggested while deferring the hearing till tomorrow.