PAKISTAN Pak SC Terms Imran’s Arrest ‘Unlawful’, Directs Him to Appear before IHC

Islamabad: The Supreme Court (SC) on Thursday termed PTI Chairman Imran Khan’s arrest in the Al-Qadir Trust case “unlawful” and directed him to appear before the Islamabad High Court (IHC) tomorrow (Friday).

The top court said that the PTI chief would be kept at the Police Lines Guest House but would not be considered a prisoner, and directed the Islamabad police chief to ensure the ex-premier’s security.

“Imran Khan will stay at the guest house as a guest [and] his protection would be the government’s responsibility,” Chief Justice of Pakistan (CJP) Umar Ata Bandial said.

The orders were issued as a three-judge bench comprising the CJP, Justice Muhammad Ali Mazhar and Justice Athar Minallah resumed hearing Imran’s plea against his arrest. Earlier in the day, the court had directed the National Accountability Bureau (NAB) to present Imran before the court.

Subsequently, the PTI chief was presented in court amid tight security a little after 5:45pm. A Dawn. com correspondent present at the scene said that the former prime minister was taken inside the SC via the judges’ gate.

Imran asks supporters to remain peaceful

After the SC passed the order, Imran, while still in the court, said that no harm should be caused to the country and asked his supporters to remain peaceful.

“We only want elections in the country,” he maintained.

The PTI chief stated that he was told by his lawyers a day earlier that “there is anarchy in the country” and asserted: “We don’t want anarchy in the country.”

He further said that people approached the court for justice, but contended that he was instead hit with batons. “Even murderers are not treated this way,” Imran stated.

The ex-premier went on to say that he was unaware of what was happening in the country. “I was caught as if I am a terrorist,” he decried and asked, “How am I responsible for the protests?”

The hearing

When the hearing resumed, after Imran’s arrival, the CJP called the PTI chairman to the rostrum and said: “Happy to see you.”

“There have been incidents of violence after your arrest,” Justice Bandial said, stating that the court wanted peace in the country. “It is being said that your [PTI] workers came out in rage,” he said and told Imran that the court wanted to hear him.

The top judge observed that the PTI chief was present in the IHC’s biometric courtroom on May 9. “When a person comes to the court of law, it means that he surrenders before the court.”

The CJP said: “Twenty-three million people are waiting for the leader to sail this ship forward. You help with moving this ship forward.”

“According to the Constitution, a person serving the nation is ameen (honest),” he remarked. “Your rival may not seem to be right, but they are a reality.”

The CJP asked that he expected the other party to play its role as well, stressing that “we are sure that you want the rule of law”. Justice Bandial also said that he was threatened and told to “wait for an attack” on him.

Subsequently, the court ruled that Imran’s arrest was “illegal” and directed the PTI chief to approach the IHC. “You will have to accept the high court’s decision,” the top judge said, reiterating that Imran had to appear before IHC tomorrow (Friday).

Justice Mazhar said that the would direct the high court to fix a hearing for 11am tomorrow, while the CJP stated that Attorney General for Pakistan (AGP) Mansoor Usman Awan would be the guarantor for security.

At that, the AGP said that he was told the Islamabad Police Lines had been declared a sub-jail.

“Is he staying there in a bungalow or guest house?” Justice Mazhar asked, to which Islamabad IG replied that Imran had been kept at a guest house.

“Are lawyers and others allowed to meet him?” Justice Bandial asked. The IG replied that he was unaware of that and only NAB could respond to that.

Here, the CJP stated that these matters would be decided by the court now and then asked Imran to provide a list of people he wanted to meet. “If someone wants to stay the night, we will give them permission.

“Ten people will stay with you … spend time with them and go to sleep,” he added.

At one point, Imran appealed to the court to let him stay at his Banigala residence in Islamabad but the CJP told him that he was under the court’s supervision.

“We don’t want you to be harmed,” Justice Bandial said, reiterating his directives for the government to ensure all the needed security arrangements for Imran.

“The case will resume from where the matters became complicated,” the top judge remarked, adding that a written order will be issued soon.

At the outset of the hearing — which commenced a little after 2pm — one of Imran’s counsels, Hamid Khan, came to the rostrum and informed the apex court that his client had approached the Islamabad High Court (IHC) for pre-arrest bail.

His lawyer said that Imran was in the process of getting his biometrics done when he was arrested. “Rangers misbehaved with Imran Khan and arrested him,” the lawyer said.

CJP Bandial observed that court records showed that the case had not been fixed for hearing. The lawyer told the court that the appeal could not be filed without completing the biometric process. Here, Justice Minallah observed that Imran had indeed entered the court premises. “How can anyone be denied the right to justice?” he asked.

CJP Bandial said that there was a certain “respect” for the courts. Recalling a past incident, he said, “NAB had arrested a suspect from the Supreme Court’s parking [lot]. The court had then reversed the arrest.”

Imran’s lawyer then demanded that his client be released from NAB custody, stating that the arrest was made without an investigation officer present. -- Dawn