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Pakistan-Khan standoff: What would justice look like to each side?

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K.M. Chaudary/AP
Supporters of former Prime Minister Imran Khan dance outside his house in Lahore, Pakistan, on March 19, 2023. Police filed charges Sunday against scores of Khan supporters, accusing them of terrorism and other offenses after they clashed with security forces in Islamabad the previous day.

Pakistan is entering week two of a high-stakes legal standoff between authorities and former Prime Minister Imran Khan 鈥 a crisis that has raised serious questions about the fairness of the judiciary.

It all began when police and security officials arrived at Mr. Khan鈥檚 Lahore residence last Tuesday after the cricketer-turned-politician refused to appear for scheduled hearings in a case related to his handling of state gifts. The arrest operation quickly transformed into a siege as Mr. Khan鈥檚 supporters repelled the police. Yesterday, as police rounded up scores of his followers and the government termed his party a 鈥渃lique of militants,鈥 the controversial leader claimed that he had narrowly escaped assassination during the chaos this weekend.

Days of violent clashes between law enforcement and activists from Mr. Khan鈥檚 political party, the Pakistan Tehreek-e-Insaf (PTI), have led to fears of institutional breakdown, and justice officials now find themselves in a position where any decision will court controversy. Mr. Khan and his supporters are unlikely to accept anything less than complete exoneration. But after the standoff last week, the government has portrayed the crisis as a test case to ensure that Pakistan does not descend into anarchy and lawlessness.聽

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A violent standoff between supporters of former Prime Minister Imran Khan and Pakistani authorities has put pressure on the country鈥檚 legal system. Where does justice lie?

鈥淭he problem on Imran Khan鈥檚 end is that he鈥檚 making a mockery out of the system of justice,鈥 says lawyer and political commentator Abdul Moiz Jaferii, 鈥渂ecause [in] Pakistan 鈥 even with its very checkered past of the judiciary and the very checkered past of its politicians 鈥 you鈥檝e never had an instance where politicians refuse to turn up to a court without consequence, and that鈥檚 what鈥檚 happening here.鈥

Akhtar Soomro/Reuters
Police and security officials arrived at Imran Khan鈥檚 residence last Tuesday after the former prime minister, pictured during a March 17 interview in Lahore, Pakistan, refused to appear for scheduled hearings in a case related to his handling of state gifts. An Islamabad court has since canceled Mr. Khan鈥檚 arrest warrant, and the case has been adjourned until March 30.

Court compromise

An Islamabad court canceled Mr. Khan鈥檚 arrest warrant after he turned up for a hearing at the judicial complex on Saturday, though he was unable to enter the building due to clashes between his supporters and security personnel, and the case has been adjourned until March 30. Court officials reported today that Mr. Khan was also granted a weeklong bail in new terrorism cases related to the violence incited in the capital this weekend.

鈥淚t makes no sense to me as a citizen of the country that a person who 鈥 continues to flout the law should receive the sort of relief from the courts that he has received,鈥 says Bilal Kayani, an adviser to Prime Minister Shehbaz Sharif.

Others in government agree.聽

鈥淭he question is, what is the difference between what Mr. Khan is doing and what extremists groups do?鈥 says Planning Minister Ahsan Iqbal. 鈥淚n the heart of Lahore, which is the heart of Pakistan, Khan has created an island where there is no writ of any government or any law.鈥

Yet Mr. Khan鈥檚 supporters see these arrest efforts as unjust. They contend that the cases against the former prime minister are politically motivated and have been expedited to ensure that he is disqualified from holding public office before the country goes to the polls at the end of the year.聽

鈥淭hey [the government] have reached the conclusion that politically they simply cannot compete with Imran Khan,鈥 says PTI Secretary-General Asad Umar. 鈥淲e believe that they knew that if they used excessive force, the people would resist and then they would have fresh grounds for creating new cases against Imran Khan.鈥

The government has consistently denied any involvement in prosecuting Mr. Khan.聽

鈥淲hat is happening is Mr. Khan鈥檚 own making. He is the author of his own troubles because he refuses to obey court orders,鈥 says Mr. Iqbal, the planning minister. Mr. Khan failed to appear in court for the initial summons and used his supporters to incite violence, including throwing petrol bombs, throwing stones, and burning police vehicles, the minister says.

Pervaiz Rashid 鈥 vice president of the government鈥檚 senior coalition partner, The Pakistan Muslim League Nawaz 鈥 has accused Mr. Khan of trying to delay the legal process for as long as it takes him to get back into power. The courts鈥 leniency, he says, sets a dangerous precedent.聽

鈥淏y showing weakness, the courts have encouraged Mr. Khan to disobey their orders,鈥 he says. 鈥淗e knows that the cases against him are open and shut and will lead to a conviction, and so his only option is 鈥 to use delaying tactics so that the political situation changes.鈥

K.M. Chaudary/AP
Imran Khan's convoy drives toward Islamabad, in Lahore, Pakistan, March 18, 2023. The former prime minister reached the judicial complex on Saturday, but he was unable to enter the building due to clashes between his supporters and security personnel.

Army involvement

As is frequently the case in Pakistani politics, fingers have also been pointed at the country鈥檚 powerful military, colloquially referred to as the 鈥渆stablishment.鈥 Mr. Khan has accused the Army鈥檚 top brass of working with the government to ensure that he is unable to contest elections.聽

Mr. Khan, like many political leaders before him, enjoyed the support of the Pakistan Army on his path to power, only to fall out with the generals while serving as prime minister.聽

鈥淚mran Khan has become too big for the establishment to swallow,鈥 says Fawad Chaudhry, who served as minister of information in Mr. Khan鈥檚 government. 鈥淚n Pakistan the army has always acted as a deep state. They are the ones who take the decisions. Now, the kind of political environment in Pakistan is that they have to accept the role of a junior partner, which they are not ready to do.鈥

In his farewell address at the end of November, outgoing army chief Gen. Qamar Javed Bajwa made a promise that in future the army would refrain from meddling in the country鈥檚 political affairs. Yet many, including PTI stalwart and former Human Rights Minister Shireen Mazari, allege that the army is now even more intrusive than it was under General Bajwa.

鈥淥ur military has redefined the term 鈥榥eutral鈥; the interventions have become more violent and more aggressive,鈥 she says, adding that she and others in the party believe some military leaders are driven by 鈥渁 personal dislike or vendetta against Mr. Khan.鈥

Mr. Jaferii, the commentator, says the current military leadership would find itself 鈥渘ear extinction鈥 if Mr. Khan came back into power. But he believes we鈥檒l see Mr. Khan in court first.聽

鈥淭hese cases against Imran Khan are farcical; they are only speeding up now because ... the political designs of the military establishment and the government ... coinciding,鈥 Mr. Jaferii says. But 鈥渢here鈥檚 really no way out other than for him to go and eventually surrender to the court,鈥 he adds, 鈥渂ecause after all, we are a system of laws.鈥

Mr. Khan鈥檚 supporters, however, are not convinced of the legality of the cases.聽

鈥淛ust look at the substance of the cases on Imran Khan,鈥 says Mr. Chaudhry. 鈥淗undreds and thousands of people turn up every time they try to arrest him. Why? Because the charges are so weak, the charges are so rubbish that everyone thinks it is their duty to protect Imran Khan.鈥澛

With pressure on the courts to make a decision, and none of the stakeholders willing to back down, the crisis shows no sign of abating.

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