November 26 case: ATC rejects Aleema’s petition – Pakistan

RAWALPINDI: An anti-terrorism court (ATC) on Wednesday rejected Pakistan Tehreek-e-Insaf (PTI) founder chairman Imran Khan’s plea Aleema Khan to summon 21 court witnesses (CWS) in the November 26 case registered against her and others.

ATC judge Amjad Ali Shah, while announcing his reserved verdict, rejected Aleema Khan’s plea.

The court ruled that the defense had already had sufficient opportunity to challenge the prosecution’s evidence during the trial. The order states that the defense conducted extensive cross-examination of 19 prosecution witnesses. Defense counsel was also permitted to conduct detailed questioning regarding video evidence and newspaper clippings presented during the proceeding, the order states.

The court observed that calling additional witnesses would in effect repeat the same exercise that had already been undertaken during the trial. Therefore, he found no justification for calling the proposed witnesses and rejected the request.

Earlier, during the hearing, Aleema Khan, accompanied by her lawyer Faisal Malik, appeared before the court.

During the hearing, special prosecutor Zaheer Shah opposed the defense request, arguing that court witnesses are not parties to the case and that the defense is free to call witnesses to support its own case.

The prosecutor further argued that the defense has so far failed to produce any material evidence or documents to support its arguments. He argued that the request to summon witnesses to the court was made in bad faith and was an attempt to give the case a political dimension.

Zaheer Shah also argued that under the Code of Criminal Procedure (CrPC), the application for summoning the proposed witnesses to the court was irrelevant and legally untenable.

He said that unless the court found sufficient legal grounds, these witnesses could not be summoned. According to the prosecution, evidence supporting the charges had already been presented in court.

After hearing arguments from both sides, the court reserved judgment on the motion.

During the previous hearing, defense lawyer Faisal Malik argued that the charges in the case were baseless and that the proposed witnesses were essential for a fair trial.

The lawyer argued that under Section 540 of the Code of Criminal Procedure (CrPC), the court has the power to summon any witness at any stage of the trial. He argued that the witnesses named in the motion were important to the successful resolution of the case.

He further informed the court that the call for the November 24 protest had already been circulated in the media before Aleema Khan’s media speeches and hence her remarks could not be treated as criminal.

The list of 21 CWS includes the names of Interior Minister Mohsin Naqvi, Federal Information Minister Attaullah Tarar, Provincial Minister Azma Bukhari and some journalists.

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