Imran Khan has been sentenced under Section 174 of the Election Act 2017. It is crucial to note that the sentence was given in absentia, while according to the law, a sentence in absentia is considered illegal for the accused. (Reference: PLD-2010-Lah-353 & 2011-MLD-378).
Imran Khan and his lawyers were not given a fair chance to be heard before the court made a hasty decision. The higher judiciary of Pakistan has emphasized the need to establish innocence before imposing any sentence. (Reference: 2023 PTD 384 & 2023 PCrLj 01).
Furthermore, according to the Code of Criminal Procedure, after completing the prosecution’s testimony, the accused’s statement is recorded under Section 342, which was not done in the current case.
Considering the legal requirements were not fulfilled during the trial against Imran Khan, the decision can be easily appealed and accepted.
489-F
Mere issuance of a cheque which is subsequently dishonoured does not constitute an offence under S.489-F, P.P.C., unless same is issued dishonestly and for the repayment of a loan or for discharging any obligation.
April 23, 2024
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2 Comments
lawyersofpakistan_user · August 6, 2023 at 4:19 am
Nice
Adv Akbar · August 6, 2023 at 4:20 am
Nice