An Islamabad district and sessions court on Wednesday issued a non-bailable arrest warrant for Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur in connection with a 2016 case, in which he was accused of carrying alcohol and unlicensed weapons.
On July 29, Civil Judge Shaista Khan Kundi summoned Gandapur for recording his testimony in the case.
Judge Shaista had directed Gandapur to ensure his presence 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.
In the hearing today, the judge rejected Gandapur’s request for exemption from physical appearance in court on medical grounds.
The court ordered Station House Officer (SHO) Bhara Kahu to arrest and produce Gandapur in court tomorrow.
Gandpaur’s lawyers Raja Zahoorul Hassan and Fatehullah Burki appeared in court, engaging back and forth on Gandapur’s absence from court.
“Where is the accused? The case was called three times since this morning but he did not appear,” Judge Shaista said.
Assistant Advocate Burki responded by saying that there was a flood situation in Peshawar.
At this, the judge reminded the counsel that at the previous hearing, they informed the court that CM Gandapur was busy, at which she had responded that the chief minister’s official duties would continue but he will still have to appear in the court.
Addressing Advocate Hassan, she asked: “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,” Judge Shaista remarked, reminding the counsel that she granted relief last time as well, since they asked for a later date.
Advocate Hassan told the judge that their plea for acquittal was pending in the same court.
“According to the Supreme Court judgment, [even] if a case is in its final stages, it should be decided on merit, not acquittal,” the judge replied.
“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.”
To this, Advocate Hassan said: “This is cruelty. The accused is the chief minister of a province; I am here in court. Despite this, you are handing down a strict order.”
“If there is nothing in the case, be brave and face the court,” the judge advised before adjourning the hearing till tomorrow.
