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Imran moves SC against IHC’s rejection of pre-arrest bail

November 25, 2023

ISLAMABAD: Pakistan Tehreek Insaaf Chairman Imran Khan, has appealed to the Supreme Court to set aside the Islamabad High Court’s order rejecting his pre-arrest bail in the Al-Qadir Trust case.

The PTI chairman has filed a request in the apex court for leave to appeal under Article 185(3) against the IHC’s order dated November 14, 2023.

Submitted through Advocate Sardar Latif Khosa, the petition names the state through the chairman and DG of the National Accountability Bureau as respondents.

Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan. — Instagram/@imrankhan.pti
Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan. — Instagram/@imrankhan.pti

Imran Khan has urged the Supreme Court to grant leave to appeal regarding the Division Bench’s order of November 14, 2023, in Crl.Rev.148/2023. He seeks to set aside the order dated August 10, 2023, of Accountability Court No. I, Islamabad, and be released on bail in the interest of justice.

He further requests the suspension/stay of the operation of the impugned order dated November 14, 2023, passed by the Islamabad High Court in Crl. Rev. No.148/2023. He also seeks to restrain the respondents from initiating any proceedings or taking any action detrimental to his legitimate rights in the interest of justice.

Imran Khan, in his submission, expressed dissatisfaction with the decision of the Accountability Court on August 10, 2023, dismissing his pre-arrest bail petition, which led to the filing of Crl.Rev.148/2023 before the Islamabad High Court. He argues that the subsequent dismissal on November 14, 2023, contradicts the order allowing Crl.Rev. No.149/2023 on the same date, inter se the same parties.

He highlights that both petitions were ongoing simultaneously, with the NAB consistently asserting that he had not been arrested based on a fake document. The division bench ultimately sought the opinion of the Law Ministry, and on November 14, 2023, it was confirmed that there was no statutory limitation on filing a revision application.

Imran Khan contends that, on November 13, 2023, a day before the clarification from the Law Ministry, he was placed under arrest to overreach the division bench’s adjudication. He criticises the Islamabad High Court for disposing of the revision petition as infructuous, giving preference to the NAB’s misstatement.

He explains that his arrest was part of political victimisation and persecution by state authorities at the behest of his political rivals. Despite being granted interim bail during the pendency of a bail application, he was arrested in another case, leading to the dismissal of his bail application on August 10, 2023.

Imran Khan recalls the incident of his arrest on May 9, 2023, from the biometric room of the Islamabad High Court premises in the Al-Qadir Trust Case. Despite the strong reaction from the chief justice to the illegal intrusion, he was released on May 11, 2023. However, he points out that the NAB had deceived the division bench during the proceedings on November 14, 2023, leading to the dismissal of Crl.Rev.148/2023. Imran Khan argues against allowing the NAB to benefit from its own fraud and emphasises that he has been twice subjected to injustice by the Islamabad High Court in the same case. He concludes that a grave miscarriage of justice has occurred, as access to justice has been repeatedly denied, despite the categorical judgment of the Supreme Court.