SC rejects Punjab govt plea for Imran’s remand

ISLAMABAD: The Supreme Court Wednesday dismissed a Punjab government’s appeal seeking physical remand of former prime minister and Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan. The court held that it has been a year and half since the arrest of the accused, therefore, the question of physical remand doesn’t arise now.

A three-member bench of the apex court, headed by Justice Muhammad Hashim Khan Kakar and comprising Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim, heard the Punjab government appeal.

During the hearing, Justice Kakar ruled that it has been a year and a half since the arrest of the accused, the question of physical remand doesn’t arise now. Punjab Prosecutor General Zulfiqar Naqvi, however, contended that they wanted to conduct photogrammetric, polygraph and voice-matching tests on the accused. “But your application was for physical remand, not for tests,” Justice Kakar told the prosecutor general.

Similarly, Justice Panhwar observed that even in murder and rape cases, such tests have never been conducted. The judge expressed the hope that the government will show the same efficiency in common people’s cases.

The Prosecutor General submitted that the accused is not cooperating for the tests. At this, Justice Kakar noted that the accused is in custody and questioned as to how someone in custody cannot cooperate. He noted that the trial court granted physical remand, but the high court rejected it with detailed reasoning. “This application has now become ineffective hence, remand can’t be given,” Justice Kakar added.

Salman Safdar, counsel for the PTI founder, informed the court that the prosecution already took 30 days of remand from the trial court, adding that the high court rejected the trial court’s decision. He further submitted that remand was granted without even producing the accused before the trial court. He explained that his client (Imran Khan) was presented through video link, adding that for 14 months after the FIR, the prosecution neither arrested nor conducted any tests

The Punjab special prosecutor informed the court that on July 14, 2024, the investigation team visited the jail to question the PTI founder, but the accused refused. Salman Safdar contended that statements of 26 witnesses have been recorded.

Meanwhile, the court disposed of the appeals regarding physical remand of PTI founder on two grounds, holding that the prosecution is free to approach the trial court for conducting polygraph, photogrammetric and voice-matching tests, while the PTI founder’s legal team may raise legal objections if such a request is filed in the trial court.

Separately, the same bench adjourned for date-in-office hearing into PTI leader Omar Sarfaraz Cheema appeal after counsel for the Punjab government sought time for argument.