ISLAMABAD, Apr 18 (APP):The Islamabad High Court (IHC) on Tuesday reserved its judgment on a petition of Pakistan Tehreek-e-Insaf Chairman Imran Khan seeking permission to appear before the courts through video link.
Chief Justice Aamer Farooq reserved the verdict after hearing arguments from the respondents at length.
Imran Khan’s lawyer Salman Akram Raja, who appeared before the court through video, pleaded that he would depend on the Mesha Shafi case.
Chief Justice Aamer Farooq remarked that technology should be used as much as possible. The matter did not limit to Imran Khan only as it must have effects on other cases.
The chief justice remarked that the Mesha Shafi case could be applied to the extent of recording of evidence. Whether the charges could also be framed through video link against the accused, he asked.
Salman Akram Raja said the presence of accused at the time of indictment was beneficial for him so that he would hear the allegations against him. However, that requirement could be met through video link, too.
The lawyer said security problems had arisen during the last two appearances of Imran Khan before the court.
Additional Attorney General Munawar Dogal said it would have to be viewed that whether rules permitted appearance of the accused through video link in the criminal case. It was also essential for the accused to be present at the time of judgment, he added.
The chief justice remarked that the CrPC (Code of Criminal Procedure) dated back to 1898, when the video link facility did not exist. The legislators could change the law as per the requirements of modern era.
Justice Farooq observed that in his personal opinion the technology should be used where it was possible, and the Indian Supreme Court had already given judgment in that regard.
The AAG said the neighbouring country India had installed the system in 2005. It had to be ensured that the accused was alone in the room form where he was appearing online.
He said granting permission to Imran Khan to appear through video link would be a discrimination, while another former prime minister was not given such permission.
The chief justice asked whether the courts in the United States or the United Kingdom gave judgments regarding video linked appearances. The AAG said the courts in the two countries had given their decisions in that regard, which varied from case to case.
The chief justice asked whether the trial could be held if all the requirements could be fulfilled through video link. The signature of the accused at the time of indictment could also be done electronically, he observed.
CJ Farooq remarked that the decision regarding it would also benefit the other people, besides Imran Khan.
The AAG said whether a person living abroad could also get that relief.
Salman Akram Raja said an accused could be given permission for appearance through video link if he gave an undertaking of not leaving the country. The court could call Imran Khan at any controlled place like the Lahore High Court (LHC) for appearances through video link.
After hearing arguments, the court reserved its verdict.
