VIDEO: Pakistan top court declares Imran’s arrest illegal, orders his immediate release
- 11 May 2023
Tariq Butt, Correspondent
The Supreme Court on Thursday declared former prime minister and Pakistan Tehrik-e-Insaf (PTI) Chairman Imran Khan’s arrest as illegal and ordered his immediate release in the Al Qadir Trust case.
"Your arrest was invalid so the whole process needs to be backtracked," Chief Justice Umar Ata Bandial told Imran at the hearing.
The court advised the PTI chief to approach the Islamabad High Court (IHC) again to seek bail in the case. It directed that Imran be housed at the Police Lines guesthouse Islamabad until Friday, and during this time he will be permitted to meet with up to 10 persons.
When Imran requested to be allowed to return to Bani Gala, his residence in Islamabad, the court responded by stating that his safety and security were of paramount concern and that he would remain in the custody of the court at the Police Lines guesthouse.
Chief Justice Bandial said that the IHC would hold a hearing on Imran Khan’s bail plea on Friday. "You must abide by the decision of the IHC," he said.
He said that regardless of the legality of the warrants for Imran issued by the National Accountability Bureau (NAB), his arrest itself was not carried out lawfully.
The chief justice asked Imran to condemn the violent protests that erupted after his arrest on Tuesday. Imran responded by stating that he and his party have never engaged in violent activities and that they have always sought peaceful means to achieve their objectives, including the demand for free and fair elections.
He added that he has always urged his supporters to remain peaceful and avoid causing chaos in the country.
After the orders for Imran's release were issued, Rangers personnel were stationed outside both entrances of the top court. Additionally, a three-layered security arrangement comprising police, Frontier Corps (FC), and Rangers had been deployed.
Earlier, the Supreme Court had ordered the authorities concerned to produce Imran in an hour as it heard the PTI's plea challenging his arrest from the IHC premises. The court had directed the authorities to present the PTI chief by 4:30pm but he was produced in the court at around 5:40pm with a delay of over an hour.
Strict security arrangements were made in the federal capital’s Red Zone area to avoid any untoward incident from happening. After Imran Khan’s arrival, the courtroom was closed, and subsequently, the top court resumed the hearing of the case.
A three-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Athar Minallah and Justice Mohammad Ali Mazhar, had stated that PTI workers will not be allowed to come to the court.
Dismissing the attorney general's request to be given a day's time, the chief justice stated that the court would issue an appropriate order today, and was "very serious" about the matter.
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 issue with the way Imran was arrested from the premises of the IHC. According to the court, the arrest will "set a wrong precedent."
Justice Minallah questioned why the NAB took the law "into its own hands." Imran’s lawyer Hamid Khan informed the court that the former premier had appeared before the IHC to get bail in the NAB case, and that the Rangers appeared when Imran was getting his biometrics done. He continued that the PTI chief was arrested by Rangers personnel who broke down doors and windows.
"Imran Khan was ill-treated and violently arrested. Getting biometrics is part of the judicial procedure," he maintained.
The chief justice commented that according to court orders, the bail application was filed with the IHC but not fixed. He asked if, as per the record, the case scheduled was for another matter.
Justice Minallah questioned if the application was filed before the biometrics. To this the lawyer stated that the application could not be filed without biometrics. He remarked that the court was called for one case, while the other was being filed.
Justice Minallah questioned if the right of access to justice could be waived. He further asked if it would not "have been appropriate for NAB to take permission from the registrar". He also asked why the accountability bureau took the law into its own hands.
The chief justice stated that the incident was a matter of respect for the judiciary. He recalled a previous case where the NAB arrested an accused from the SC parking lot, but returned the individual after the court took action.