ISLAMABAD: The federal government has filed appeals in the Supreme Court of Pakistan against a couple of verdicts of Islamabad High Court in which it has accused the judges of committing misconduct by giving blanket bail to Imran Khan while stepping out of its territorial jurisdiction. The appeals filed on behalf of Islamabad Police are related to the two cases titled Imran Khan Niazi versus State and Imran Khan Niazi versus Inspector General of Police, Islamabad. In the former case, the petitioner (Imran Khan) had sought transit bail in six FIRs registered against him at different police stations in Punjab. A division bench heard the case. In the decision, the bench handed on May 12 after hearing the case directed that the petitioner “shall not be arrested in criminal cases registered against him on or after 09.05.2023 or MPO.” Meanwhile, the petitioner was directed to appear before the court on May 15.
In the other case, Imran Khan had sought a direction from the court for requisition of all the FIRs registered against him in Islamabad after his arrest from the IHC’s premises and further sought a direction to the police not to arrest him in any criminal case that was registered after his arrest. The IHC judge who heard this case directed that police “shall not arrest the petitioner (Imran Khan) in any criminal case which was registered against him while he was in custody after his arrest from the premises of this court on 09.05.2023.” In the appeals filed against these cases, the government said the blanket protection accorded to the accused, Imran, without “any codified legal provision amounts to misconduct and is misuse of process of law.” The IHC has seriously erred in appreciation of the relevant laws/rules and facts involved and have come to a conclusion contrary to law which resulted in grave miscarriage of justice, reads the appeal.
The IHC has granted a blanket bail to the accused without mentioning the case (registered) and granting bail in cases registered in Punjab was “beyond the territorial jurisdiction.” That the IHC has violated the provisions contained in Section 4 of Islamabad High Court Act, which is about the territorial jurisdiction and violated the powers conferred under Islamabad High Court Act, 2010 and overstepped its authority, reads the appeal. It further reads, “That the Islamabad High Court Islamabad has provided protection to the accused in case of criminal cases not registered against the accused person yet.” The IHC has not followed the principle of justice as it is the duty of the court to dispose of the matter judiciously by adhering to the principle of natural justice instead of deciding the matter which is not recognised under the law.