ISLAMABAD: The Supreme Court of Pakistan on Thursday ordered the “immediate release” of PTI Chief Imran Khan after declaring his arrest “illegal and unlawful”. The apex court also issued directives to the former prime minister to approach the Islamabad High Court (IHC) on Friday. The directives were issued by Chief Justice of Pakistan Umar Ata Bandial as the SC resumed hearing of Imran Khan’s plea against his arrest in the Al-Qadir Trust case. The Supreme Court of Pakistan declared the arrest of PTI chief Imran Khan as “illegal” and ordered Imran Khan to approach Islamabad High Court, local media reported. Imran Khan was produced before the Supreme Court of Pakistan on Thursday.
The apex court has further directed that Imran Khan be housed at the Police Lines guesthouse until Friday, and during this time he will be allowed to meet with up to 10 individuals. When Imran Khan requested to be permitted to return to Bani Gala, his house in Islamabad, the SC responded by stating that his security and safety were of paramount concern and that he (Imran Khan) would remain in the custody of the apex court at the Police Lines guesthouse.
The Chief Justice of Pakistan requested that Imran Khan should condemn the violent protests that erupted following his arrest on Tuesday. Imran Khan replied by stating that he and PTI have never engaged in violent activities and that they have always sought peaceful means to gain their objectives, including the demand for free and fair polls. Imran Khan added that he has always asked his workers to remain peaceful and avoid spreading chaos in Pakistan.
Earlier, the apex court directed the National Accountability Bureau to present former prime minister Imran Khan in the court within one hour. A three-member bench of the Supreme Court (SC) headed by Chief Justice Umar Ata Bandial said that an appropriate order would be issued today after Khan was presented in the court. The three-member bench, also consisting of Justice Muhammad Ali Mazhar and Justice Athar Minallah issued the order after hearing a plea challenging the arrest of Pakistan Tehreek-e-Insaf (PTI) chief and former prime minister Imran Khan in the Al-Qadir Trust case.
At the outset of the hearing, Imran’s counsel Hamid Khan appeared told the apex court that his client went to the Islamabad High Court (IHC), seeking a pre-arrest bail in two cases. The chief justice inquired in what cases Imran was appearing at the IHC. The counsel replied that his client was present for his biometrics when he was arrested. He said that Rangers misbehaved with Khan and arrested him. The appeal, which has been filed on behalf of Imran by his counsel Raja Aamir Abbas, expressed concerns about an imminent threat to Khan’s life.
During the hearing, the chief justice remarked that the arrest of Imran Khan from the IHC premises violated the judiciary’s “prestige”.
The chief justice inquired how many NAB officials arrested Imran Khan” To which, Khan’s counsel said that 70 to 80 Rangers personnel arrested him.
Justice Athar Minallah inquired if a plea could be filed before the biometric verification was carried out.
At this, the counsel for Khan said that his client went for the biometric verification because a plea could not be filed before that.
Hamid Khan said that Imran Khan was arrested by Rangers personnel breaking down doors and windows.
He said that Imran Khan was ill-treated and violently arrested. Getting biometrics was part of the judicial procedure, he said.
Justice Minallah questioned if the right of access to justice could be denied. He further observed that it would have been appropriate for the NAB to seek permission from the IHC registrar before making any arrest.
He asked why the NAB took the law into its own hands. He said that such acts within the court premises have to be stopped.
Chief Justice Umar Ata Bandial remarked that NAB had committed contempt of court. He said that the NAB should have taken permission from the high court’s registrar before arresting Imran Khan.
He said that when 90 people entered the court premises, what prestige remains of the court?
Chief Justice Umar Ata Bandial remarked that an atmosphere of fear was created.
The chief justice asked how any person can be arrested from the court premises. Contempt of court proceedings have been initiated against lawyers for vandalising the court. What is the point of arresting a person if he surrenders before the court? No person will feel safe in court for justice, the chief justice said.
Imran Khan’s lawyer Salman Safdar told the court that Khan’s pre-arrest bail application had been fixed for hearing in the Islamabad High Court. The court should see how the arrest warrants were executed, he said adding that in the absence of the investigation officer, the NAB arrested Imran Khan.
Justice Muhammad Ali Mazhar said that at this time, “we are only looking at the matter of respect of the court and the delivery of justice.” To this, Salman Safdar said that the Supreme Court will have to restore the court’s credibility.
Justice Athar Minallah remarked that the NAB has been arresting elected public representatives for many years with contempt. When a person enters the court premises, he is seen surrendering before the court. This practice (arrest) has to be stopped. We expect political people not to bring political matters to the courts, he observed.
On the court’s query, Imran Khan’s lawyer Barrister Gohar said that Khan’s application had got a diary number. We requested a hearing on the same day. On which, the chief justice said, “In this whole incident, the registrar of the Islamabad High Court should been taken on board.”
Chief Justice Umar Ata Bandial said that whatever was happening outside should stop immediately. For justice, it is necessary to seek protection in the court, he said. Justice Athar Minallah said, “The leadership should stop its followers from indulging in vandalism.
Imran Khan, who was arrested by the National Accountability Bureau (NAB) in the Al-Qadir Trust land case, has submitted additional documents to the Supreme Court along the petition filed against his arrest.
