CJP-led bench lavishes relief on Imran

ISLAMABAD: The Supreme Court on Thursday declared as illegal the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan from the premises of Islamabad High Court (IHC) by paramilitary Rangers in the Al-Qadir Trust case.

A three-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah, heard the petition filed by the former prime minister, challenging the IHC order that declared his arrest as legal.

“For the reasons to be recorded later, this Miscellaneous Application is allowed, Criminal Petition be numbered accordingly and the same is converted into appeal and disposed of in the following terms,” says the order passed by the bench.

The court held that the manner of execution of the arrest warrant issued by the Chairman, National Accountability Bureau, dated 01.05.2023 in the Al-Qadir Trust case within the premises of the IHC against the petitioner was invalid and unlawful.

The court noted that the execution of said warrant violated the petitioner’s right of access to justice and the sanctity and safety of the court as he had already surrendered to the court for seeking judicial relief against the action taken by the National Accountability Bureau in the case. “In this regard, the fundamental rights of the petitioner under articles 4, 9, 10-A and 14 of the Constitution of the Islamic Republic of Pakistan have been infringed,” says the order. The court directed Imran Khan to appear before the IHC today (Friday) at 11 am for a hearing of his writ petition filed to challenge the NAB action against him in the Al-Qadir Trust Case.

Similarly, the court directed the NAB authorities and Islamabad Police to ensure foolproof security to the petitioner (Imran Khan) until his production in the IHC in this regard.

The court also directed the IHC Registrar to place the matter before the IHC chief justice for constituting a bench for hearing the case.

The court noted down in its order that to ensure the security of the petitioner until his appearance in the high court today, he will remain on the premises where he was retained in police custody, i.e. Police Lines Guest House, H-11, Islamabad. “Whilst the petitioner (Imran Khan) is in the Police Guest House, he should be entitled to meet up to 10 guests, whose particulars shall be provided by him to the concerned Police Officer, subject to a security check by the police,” says the order.

These persons, the court held that should be allowed to stay with the petitioner as long as desired by him, adding that this order will remain valid until the production of the petitioner before the high court today.

The court, however, made it clear that this order will not cause any prejudice to the proceedings of investigation being conducted by NAB in the Al-Qadir Trust case.

Earlier, during the hearing, Hamid Khan, the counsel for Imran, submitted before the court that the PTI chairman had appeared before the IHC to get bail in the NAB case, and that the Rangers appeared when Imran was getting his biometrics done. He further submitted that the PTI chief was arrested by Rangers personnel who broke down doors and windows, adding that he was ill-treated and arrested violently.

Hamid Khan submitted that getting biometrics was part of the judicial procedure.

Meanwhile, the court directed the Islamabad IGP to produce Imran Khan before it by 4:30 pm. During the course of hearing, extraordinary security measures were taken in and outside the Supreme Court building. Later on, the PTI chairman was brought to the Supreme Court from the Islamabad Police Lines in tight security. He was taken to Supreme Court through judges’ entry gate.

The chief justice told Imran Khan that after his arrest, there had been shocking incidents of violence across the country adding that the court wants peace in the country.

The CJP observed that when a person approaches a court, it means that he surrenders before the court as well.

Meanwhile, Hamid Khan pleaded the court to send his client to Banigala residence. However, Justice Bandial observed that for security reasons, it would be appropriate that he should stay at the Police Lines Rest House.

News Desk adds: A short exchange of words between Chief Justice of Pakistan Umar Ata Bandial and Pakistan Tehreek-e-Insaf Chairman Imran Khan took place when the former prime minister was presented before the Supreme Court on Thursday evening.

“It is good seeing you,” CJP Bandial told Imran, asking him to “condemn” the violent protests that took place as a result of his [Imran’s] arrest, Geo News reported.

“I don’t want any loss in the country nor do I wish for people to get incited. I just want free and fair elections,” the PTI chief told the court, pleading with the court that despite his responding to the National Accountability Bureau’s notices, he was arrested.

In response to the court’s question about whether he knew what was going on in Pakistan, Imran Khan said his mobile phone was taken away and he was unaware about what was happening in the country.

“Your arrest was invalid, so the whole process needs to be backtracked,” Justice Bandial told Imran, according to AFP.

Then the PTI chief requested the CJP to send him home, but the top judge said he was not going to do that and assured him that he would “remain at peace at the Police Lines Guest House”.

“You can stay there, talk, rest, and then present yourself before the Islamabad High Court tomorrow [Friday],” CJP told Imran, directing the authorities to allow the PTI chief to meet as many as 10 people, including his lawyers, friends and family members.

“What we propose is that Islamabad Police need to provide security, and he (Imran) will provide a list of his immediate family members and lawyers that should meet him at police lines headquarters,” said Bandial. He added that the headquarters, where Imran was taken into custody following his arrest, should instead be treated as a “residence”.

The CJP then told the deposed prime minister to begin a dialogue with his opponents, which will lead to ‘peace’ in the society. “This will be a good move as you have been entrusted with the people’s rights.”

The chief justice noted that Imran should start talks with his political opponents even though he does not like them, adding that there is a need to do this as the narratives on both political ends have become “extreme”.

“230 million are awaiting for their leader to move the boat forward,” he said, also noting that the political divide has become so extreme that his friend informed him that during the ongoing protests, the next house that could be targeted could be of the CJP.

The CJP told Khan that numerous cases have been lodged against him, to which, the PTI chief said that “there aren’t many”. CJP Bandial, without naming anyone, also told the PTI chief that “they have registered many cases against you [...] you know who I am talking about”. Again, without naming the individual or group, the CJP said: “Even they have rendered many sacrifices.”

Imran told the apex court he had been “treated like a terrorist”. He then told the bench that a reaction was bound to happen in response to the treatment meted out to him. At this, Justice Minallah asked him not to utter such words and be cautious about what he says in the presence of the media.