ISLAMABAD , May 11, 2023 – Supreme Court on Thursday ordered the NAB to release PTI chief Imran Khan “immediately” after declaring his arrest in the Al-Qadir Trust case “illegal”.
A three-member bench, headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Athar Minallah and Justice Muhammad Ali Mazhar, heard the case after the PTI had approached the apex court over IHC’s decision to arrest Mr Khan in connection with the Al-Qadir Trust case.
The court subsequently ordered Mr Khan to approach the IHC – the court that had declared Mr Khan’s arrest “legal” – by Friday and bound the PTI chief to follow what the IHC would rule. However, the court did not quash the arrest warrants but raised questions on the way Mr Khan had been taken into custody.
Mr Khan said he was tortured while being arrested adding that he was baton-charged. “Terrorism cases were lodged against me despite the fact that I had been under arrest,” he added. I had been taken into custody as if I were a terrorist, he said.
I was sorry to know what happened in the country [after his arrest], he said. “I ask PTI activists to stay peaceful,” he added.
Earlier, the police had presented Mr Khan in the court amid tight security on CJP Bandial’s orders.
DIG Operations Shehzad Bukhari reached outside the court and reviewed the security measures in place. Mr Khan’s vehicle entered the SC premises through the Judges’ gate, reported to be happening for the first time, as the gate is exclusively used by SC judges to enter the court.
Police, FC, and Rangers have been deployed outside the Islamabad’s Red Zone, where the SC is situated, to ensure fool-proof security.
CJP Bandial earlier remarked that the National Accountability Bureau (NAB) had committed contempt by violating court sanctity while arresting PTI chief Imran Khan. The Supreme Court heard a petition filed by the Pakistan Tehreek-e-Insaf against the arrest of party chairman Imran Khan in the Al-Qadir Trust case.
A three-member bench, headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Athar Minallah and Justice Muhammad Ali Mazhar, is hearing the case while PTI lawyers are present in court. The PTI has challenged a verdict of the Islamabad High Court (IHC) declaring the arrest of party chief Imran Khan “lawful”. The PTI argued that the arrest of Imran Khan was illegal and sought his immediate release.
Thursday’s hearing
At the outset of the hearing, PTI lawyer Hamid Khan told the bench that the ex-premier had reached the Islamabad High Court for biometric verification to file a petition for his pre-arrest bail. He said Imran Khan was taken into custody when he was undergoing the biometric process. “Why he was arrested when he was going to surrender to the court?” he questioned, adding that the former premier was also mishandled during the episode.
CJP Bandial remarked as per the high court’s record, a petition of Mr Khan had been filed but it was yet to be fixed for hearing. At which, the lawyer said biometric verification was compulsory for filing the petition.
Later, the chief justice remarked that the NAB had disgraced the judiciary by making the arrest on the premises of the high court.
At one point, Justice Athar Minallah said Mr Khan should not have been arrested when he was going to surrender. “It was better if NAB would have got permission from high court’s registrar to arrest him”.
When Justice Minallah asked the PTI lawyer what he wanted from the court, Hamid Khan pleaded the bench to issue an order for the release of Imran Khan.
While stressing the respect of courts, the CJP recalled that once NAB had arrested a suspect from the apex court’s parking and it was reversed with a surety from the anti-graft watchdog that it would not make any arrest on court premises.
After hearing the arguments, the chief justice ordered the authorities to produce the former premier before the court within one hour.
IHC Verdict
The IHC on Tuesday night declared the arrest of Imran Khan ‘legal’. IHC Chief Justice Amir Farooq announced the reserved verdict by accepting the point of view of the NAB. Earlier, it reserved verdict in the case whether the arrest, hours earlier, was illegal or had legal backing.
The CJ sprang into action soon after a team of Rangers took Imran Khan into custody on the premises of court where the PTI chief had come in two cases.
Earlier, a team of the National Accountability Bureau (NAB), with the help of Rangers, took Imran Khan into custody, prompting the IHC to take notice. The NAB adopted a view that Imran Khan did not respond to the notices sent to him and his arrest was ‘completely in line with law and as per NAB ordinance’.
Imran’s arrest warrant was signed by NAB Chairman retired Lt-Gen Nazir Ahmed. It said the PTI chief was accused of corruption and corrupt practices under Section 9(a) of the National Accountability Ordinance, 1999.