RAWALPINDI: The Special Anti-Terrorism Court (ATC) here on Monday dismissed the acquittal application of Aleema Khanum, sister of the former chairman of Pakistan Tehreek-e-Insaf (PTI), in a case registered in connection with the November 26 protest.
Aleema had moved an acquittal application under Section 265-K of the Criminal Procedure Code through her counsel Faisal Malik. During the hearing, the petitioner and her legal team were present in court along with Special Prosecutor Zaheer Shah.
At the outset, the prosecution contended that the accused had been indicted under five different sections of the Anti-Terrorism Act (ATA), with the indictment framed on the basis of the investigation report. The prosecutor argued that during any political protest, effective control rests with the organisers, and under the established theory of control, the accused bears responsibility for events unfolding during such protests.
The prosecution maintained that the media had no connection with the case and questioned the logic of implicating journalists, asserting that people do not mobilise on media instructions. It was argued that the accused themselves claimed ownership of the protest and admitted that people came out on their call, yet were unwilling to accept responsibility before the court. On this occasion, the prosecutor read excerpts of Aleema Khanum’s media interactions into the record.
The prosecution further submitted that those repeatedly invoking constitutional rights overlook the constitutional requirement that protests and rallies must remain within the bounds of law. It was argued that the accused publicly condemned violent protests aimed at overthrowing the government, yet statements attributed to the former chairman indicated that the protest would proceed regardless of obtaining a no-objection certificate (NOC) from the district administration. The prosecutor questioned the characterisation of the protest as peaceful, noting that a policeman was martyred, 170 personnel were injured, business activities were suspended nationwide, and the country was effectively paralysed. It was also alleged that armed groups were brought into Punjab from KP.
The prosecution informed the court that statements of 18 witnesses had been recorded and submitted that there was no legal basis for granting acquittal at this stage, urging dismissal of the application.
Earlier, counsel for the petitioner argued that Aleema Khanum’s alleged role in the Nov-26 protest was limited to meeting her brother in jail and conveying his message to the party and the public. He maintained that the former chairman had called for a peaceful protest, which enjoyed democratic and constitutional protection.
The defence further argued that although the case alleged that Aleema Khanum conveyed the protest message through the media, no journalist or media outlet had been cited as a witness or nominated in the case. At this, the court inquired whether the defence implied that the media should also be implicated. The counsel clarified that his point was that Aleema Khanum and journalists merely reported the same message, adding that there was no witness to the alleged jail conversation.
Responding to further court queries, the defence reiterated that Aleema Khanum had only conveyed a message of peaceful protest and that the provisions invoked did not substantiate the allegations. It was argued that the law did not criminalise the mere conveyance of a message, and that the provisions of Section 6 of the Anti-Terrorism Act did not establish guilt. The defence termed the case a product of political vendetta. After hearing arguments from both sides, the court dismissed Aleema Khanum’s acquittal application.
