ISLAMABAD: Chief Justice Umar Ata Bandial on Thursday said “arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan was invalid” and directed him to appear before the Islamabad High Court (IHC) Friday (May 12) at 11:00 am for bail related to the call-up notice by the National Accountability Bureau (NAB) in Al-Qadir Trust case.
At around 3:20 pm, the bench directed Advocate General Jehangir Jadoon to produce Imran Khan before it at 04:00 pm. In compliance with the apex court order, the Islamabad police produced Imran before the bench amid tight security a little after 5:45pm.
He was brought inside the Supreme Court via the judges’ gate. Imran Khan was wearing blue shalwar kameez and black glasses. He walked into the courtroom No. 1 and sat in the front row.
IHC terms PTI chief Imran Khan’s arrest legal
The chief justice while addressing Imran Khan said: “Your arrest was invalid and the process needs to be reversed to the time you were putting your thumb impression [in the premises of the Islamabad High Court (IHC) on May 9].”
Imran Khan while explaining about his arrest urged his supporters and the PTI workers to avoid violence and remain calm and peaceful. He also asked his supporters not to damage any property whether it is public or private.
A three-judge special bench, headed by Chief Justice Bandial and comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah, on Thursday, heard the PTI’s petition on Imran Khan’s arrest from the premises of the IHC on May 9.
The bench said the State is not allowed to arrest anyone from the court premises, adding that if the court passes an order against the accused then he could be arrested. It further said deployment of the security forces within the court would be with the approval of the Registrar of the Supreme/High Court.
The inspector general of police (IGP), Islamabad was ordered to keep Imran Khan at the Police Lines’ Guest House, the same where the security forces have kept him since his arrest. The IGP Islamabad, Dr Akbar Nasir Khan, earlier informed the court that they had kept the PTI chief in a guest house. The police were also directed to produce Imran before the IHC Friday (May 12). The court said the NAB authorities and the ICT Police shall ensure foolproof security to the petitioner until his production in the high court.
The IHC registrar was directed to place the matter, ie, the writ petition before the chief justice of the IHC for constituting a bench for hearing the same. The bench said in order to ensure the security of the petitioner until his appearance in the High Court on 12.05.2023 at 11:00 am, he shall remain in the premises where he is presently retained in police custody, namely, the Police Lines Guest House, H-11, Islamabad.
The court said Imran Khan shall 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. These persons shall be allowed to stay with the petitioner as long as desired by him.
It further said the order shall remain valid until the production of the petitioner before the High Court in the writ petition today (12.05.2023) at 11:00 am and shall be subject to any order that is passed by the High Court. “This order shall not cause any prejudice to the proceedings of investigation being conducted by the NAB in the matter of the Al-Qadir Trust,” it said.
The bench turned down Imran Khan’s requests to direct the police to release him, allow him to go home, or allow him to go to Bani Gala.
The chief justice said he can go to Bani Gala after the IHC order. Justice Mazhar said they would not go into the nitty-gritty of the case before the High Court, but have taken up the matter as it relates to the access to justice of the citizens and the sanctity of the courts.
The chief justice said the issue before them is of arrest. When the hearing resumed, after Imran’s arrival, the CJP called the PTI chairman to the rostrum and said: “Good 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.
Imran Khan informed the bench that he was not shown the warrant of arrest at the time the Rangers and police took him into custody. The warrant was shown to me by the NAB officials after the arrest. “I didn’t know what were the allegations against me.” 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.”
Justice Mazhar said that the call-up notice was issued to him in March and the inquiry was going on against him and converted into an investigation on April 28 after that the warrant was issued. He said that his lawyers might not have advised him properly. Justice Minallah said; “The leaders are there to lead and not be led.”
Imran said 150 cases of sedition and treason have been registered against him. He said 15 criminal cases were registered against him in one day.
He informed the court that at the time of his arrest, he was hit with batons on his head, adding he was arrested in commando action as he was a criminal or a terrorist. “The NAB took my phone. I didn’t know what was happening in the country as was not provided even a TV or internet service. No one conveyed to me about the violence by the protesters.”
Imran further told the court that in two days, for the first time, he came to know about the situation in the country through his lawyers. Justice Minallah told him that he must have realised worst things have happened in the country. You are the first person who is taking the advantage of the NAB amendments, he added.
Imran Khan said how come a party that wanted elections could resort to violence and disturbance in the country. “I was totally blind and deaf (in two days).” He said; “We are a poor nation; therefore, any loss is the loss of the country.” The chief justice told Imran, “You are a national leader and have the power to control your supporters, therefore, advise them to remain calm.”
Imran said that he always tells his supporters and workers that instead of resorting to violence go to the courts for justice.
The chief justice 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: “Two hundred and thirty 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 said 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 invalid” and directed the PTI chief to approach the IHC. “You will have to accept the high court’s decision,” he further said.
The chief justice asked Imran Khan to open dialogue with the opponents. “You may not like but talk for peace and prosperity in the country.” Imran replied that people’s confidence is stolen.
The attorney general argued that an accountability court had already approved the former prime minister’s physical remand. Justice Minallah stated that if the “foundation” [of the arrest] was illegal then a “structure cannot be allowed to be built on it”. He continued that the time had come to set an example for the future.
“The manner in which the arrest was conducted cannot be tolerated,” he stated, as the apex court took up the issue with the way Imran was arrested from the premises of the IHC.
According to the court, the arrest will “set a wrong precedent”.
Commenting on the PTI chief’s arrest, Justice Minallah questioned why the NAB took the law “into its own hands”.
The bench late Thursday night issued the order, which said; “For the reasons to be recorded later, this Misc. Application is allowed, Criminal Petition be numbered accordingly and the same is converted into appeal and disposed of in the following terms: The Court noted that the manner of execution of the arrest warrant issued by the Chairman, National Accountability Bureau (NAB) dated 01.05.2023 in the Al-Qadir Trust case within the premises of the Islamabad High Court against petitioner is invalid and unlawful.
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 NAB in the Al-Qadir Trust case. In this regard, the fundamental rights of the petitioner under Articles 4, 9, 10-A and 14 of the Constitution of Islamic Republic of Pakistan have been infringed.“
Copyright Business Recorder, 2023
Comments
Comments are closed.