Pakistan: Police instructed to name Imran Khan in cases related to May 9 violence

Islamabad [Pakistan], July 6 : The regional police officers in Pakistan's Punjab province have been instructed to name former Prime Minister Imran Khan in all the cases lodged across the province in connection with the May 9 violence, Dawn reported on Thursday.

The instruction by the provincial police chief also instructs them to add Section 34 of the Pakistan Penal Code (PPC) to those FIRs.

The instruction was related to all those cases which had been registered under section 7 of the Anti-Terrorism Act (ATA) against PTI leaders, workers and supporters allegedly involved in attacks on military installations.

14 FIRs were registered in Lahore, 13 in Rawalpindi region, five in Faisalabad region, and four each in the Multan, Sargodha and Mianwali districts under the anti-terrorism law and other charges, Dawn reported.

IG Punjab Usman Anwar confirmed that Section 34 of the PPC was being added to the May 9 cases to nominate the Pakistan Tehreek-e-Insaaf Chairman.

Citing an official of the Central Police Office (CPO) Punjab, Dawn reported that the "IG's directions had stirred a controversy, as many senior police officers viewed this as a futile exercise that was being conducted some two months after the registration of the FIRs, which already contained sections 148 and 149 of the PPC, which carry nearly similar charges".

He added the IG issued the directions after holding a meeting with the Punjab prosecution secretary.

Further citing the official, Dawn claimed that it was the prosecution secretary who proposed this scheme and asked the Punjab police chief to apply Section 34 of the PPC to nominate Khan in all the cases.

Following this, the joint investigation teams (JITs) formed by the Punjab government in the wake of the May 9 cases were directed to hold meetings with prosecutors of the districts concerned to ensure the compliance.

When a criminal act is done by several persons, in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by him alone, Dawn quoted the Section 34 of the PPC.

Umais Chaudhry, a lawyer of the Lahore High Court, reacted on the matter and quoted a judgement of the Supreme Court: "When a criminal act is done by several persons in furtherance of common intention, then each of them is liable as it was done by him alone".

Referring to another judgement, he said common intention requires a pre-arranged plan and there must be a prior meeting of minds.

He said that since the "common intention" has been a necessary ingredient under Section 34 of the PPC, the police would have to make sure before applying the offence against the suspect that he had a common intention before committing a crime, as mere allegations would not be sufficient to proceed him in the court of law, Dawn reported.

On May 9, this year, former PM and PTI Chairman Imran Khan was arrested from inside the High Court in Islamabad by National Accountability Bureau (NAB) on the charges of corruption in connection with the Al-Qadir Trust, which he owns alongside his wife, Bushra Bibi.

Following Khan's arrest, his party called for demonstrations, which turned violent at many places. The administration resorted to a crackdown and many arrests were made across the country. The people accused in the May 9 violence are being tried at military courts.