Relief for Imran, but he is not off the hook

After the Pakistan Supreme Court gave legal relief and moral support to former Pakistan prime minister and chairman of Pakistan Tehreek-e-Insaaf (PTI) Imran Khan on Thursday by declaring the arrest of Khan by the National Accountability Bureau (NAB) in the premises of Islamabad High Court (IHC) on Tuesday was illegal, the IHC on Friday gave further relief by extending his bail time for two weeks.

The coalition government of Pakistan Movement for Democracy (PMD) was quite unhappy with the Supreme Court’s verdict. And after Friday’s IHC clearance, the government is in a dilemma as to how to put Khan in the legal dock once again. It has learned the hard way that treating Khan like they would any politician out of power could be a tricky affair because it has been proved that Khan enjoys popular support, however limited it may be.

It also seems to be the case that the United States has cautioned against political showdown which could be prove difficult to handle. The stability in the political situation is seen as an important factor in dealing with the volatile economic situation in the country, and the International Monetary Fund (IMF) rescue package hanging in a balance. Pakistan Finance Minister Ishaq Dar has however assured that Pakistan would not default on its foreign debt payments even if the IMF loan is not cleared.

 The three-judge Supreme Court headed by Chief Justice Umar Ata Bandial and two others, Justice Athar MInallah and Justice Mohammed Ali Mazhar, held the arrest illegal. But they did not set Khan free. At the same time, the Supreme Court passed strictures against the NAB for contempt of court, and pointed out that earlier too the NAB had flouted rules in arresting a person.

 It has to be noted that Pakistan’s Supreme Court has not commented on the merits of the case that the NAB had brought against Khan. What the court has objected to is the manner in which Khan’s arrest was executed on Tuesday.

By doing so, the Supreme Court has asserted the sacredness of the rule of law and demanded that due respect be given to the courts, which included the physical aspects of the courts. The Chief Justice and his two colleagues have asserted that no accused can be arrested from within the premises of a court without the consent of the judge. The Pakistan Rangers who had arrested Khan on Tuesday from the premises of the Islamabad High Court had not sought the permission of the chief justice of the high court. It is surprising then that the high court had held the arrest legal. The Supreme Court has nullified the high court’s verdict.

The coalition government of the day has kept itself aloof saying that the NAB was an autonomous institution and there would be political interference in its functioning. That left enough room for the Supreme Court to take charge of the situation and make it clear that the rule of law has to be the norm. It was necessary that the Supreme Court had stepped in to calm the frayed tempers in the country.

Chief Justice Bandial asked Khan to condemn the violence unleashed by his party workers because of his arrest. And he also advised the former prime minister to initiate a dialogue process with his political opponents, and he reminded him that even his opponents had also made sacrifices for the country.  

The IHC on Friday again asked Khan to give a statement that he condemns the violence that had erupted across the country after his arrest. Khan agreed to do so, and he also appealed that protests must be peaceful.