Imran’s ‘unlawful’ arrest overturned

ISLAMABAD:

The top court on Thursday came to the rescue of former prime minister Imran Khan as it declared his arrest by the country's top graft-buster from the premises of the Islamabad High Court (IHC) illegal and directed immediate release of the Pakistan Tehreek-e-Insaf (PTI) chief.

Dozens of troops of paramilitary Rangers on Tuesday broke into an office of the IHC and whisked Imran Khan away in an armoured vehicle in a whirlwind raid while executing the arrest warrant issued against the former premier by the National Accountability Bureau (NAB) in the Al-Qadir Trust case.

IHC Chief Justice Aamer Farooq later in the same day issued contempt notices to the secretary interior and Islamabad Inspector general police (IGP) over the manner in which the arrest had been carried out but termed the arrest legal.

While violent protests erupted across the country after the development—protests that involved attacks on security personnel and arson of military and civil properties, the PTI on Wednesday approached the Supreme Court against Imran’s arrest.

The SC registrar at first returned the PTI’s appeal, raising objections to it but allotted it a number on Wednesday night and on Thursday a three-judge bench led by Chief Justice Umar Ata Bandial and comprising Justice Athar Minallah and Justice Muhammad Ali Mazhar took up the plea for hearing.

As the proceedings started, Imran’s counsel Hamid Khan told the bench that the PTI chief was getting his biometric verification done for bail in the NAB case when Rangers personnel barged into the office. “Getting biometrics is part of the judicial process,” he said.

When Justice Minallah asked Khan if a bail application is filed before biometrics, Hamid Khan said a bail application cannot be filed without biometrics.

Justice Minallah noted that the important thing was that Imran Khan had entered the court premises and was in the process of filing an application to get pre-arrest bail in the case.  “Can the right of access to justice be waived? Can a person be deprived of the right to justice?” he asked.

“It is a matter of respect for the judiciary,” Justice Bandial said. Referring to another case, he said NAB had earlier arrested an accused from the Supreme Court parking lot.

“The court had later taken action against the NAB chief and NAB had assured the court that such action would not take place in the future,” he said.

Addressing the advocate general Islamabad, Justice Athar Minallah said it was difficult to defend the arrest. “Wouldn't it be appropriate to restore people's confidence in the judiciary? Would it not be appropriate to let the court [IHC] decide on Imran Khan's bail application?” he asked.

Justice Minallah said a lot had happened in the country and it was about time to establish the rule of law now. Defending the NAB action, the AG said it was not possible to arrest Imran Khan from any other place. Imran Khan calls thousands of people to thwart the possibility of arrests, he said.

The bench later asked NAB to present Imran Khan in the court in one hour. “PTI workers will not be allowed to come to the court,” the CJP added.

Attorney General of Pakistan (AGP) Mansoor Awan told the bench that an accountability court had already remanded the PTI chief in NAB’s custody.

However, Justice Minallah said if the foundation of a case is illegal then a building cannot be built on it. “Time has come to set an example for the future,” he said.

When Imran Khan entered the courtroom amid heightened security after a lapse of more than one hour, the CJP welcomed him.

“You must have known about the violent protests?” the CJP asked Imran.

“This may be part of the political process but peace has to be restored. If peace is restored, the constitutional machinery will be able to function.

“The court wants you to condemn the violent protests. The court is there to protect every citizen. The state will be able to run only when there is peace,” Justice Bandial said.

He said it is alleged that the PTI workers came onto the streets and created chaos. “Will you issue a statement condemning this violence?” he asked Imran.

“No public or private property should be damaged. We are a poor country and everyone suffers when something is destroyed,” the CJP noted.

Imran Khan said how could someone who wants elections create chaos.

“I always tell people not to resort to violence. On May 25, 2022, when I came to know about the possibility of violence, I decided to end a protest march. My election rally was attacked and I decided to call off that rally as well.

“I ask the workers to protest peacefully. I always tell my supporters to stay calm, I do not understand what is going on right now,” he told the bench.

Imran said that he had never promoted violent politics. In twenty-seven years of politics, we have always followed the Constitution,” he said.

The CJP told Imran that the bench is setting him free.

In a three-page written order issued later in the day, the bench noted that the manner of execution of the arrest warrant – issued by the NAB chairman on May 1 in the Al-Qadir Trust case – within the premises of the Islamabad High Court against the 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 the Islamic Republic of Pakistan have been infringed.

“The petitioner is directed to be produced before the IHC tomorrow—May 12— at 11:00 am for hearing of his writ petition filed to challenge the NAB action against him in the Al-Qadir Trust Case.”

The SC said the NAB authorities and the Islamabad police shall ensure foolproof security to the petitioner until his production in the IHC.

“In this regard, the IHC registrar is directed to place the matter—the writ petition—before the IHC chief justice for constituting a bench for hearing the same.

“In order to ensure the security of the petitioner until his appearance in the high court…he shall remain in the premises where he is presently retained in police custody, namely, the Police Lines Guest House, H-11, Islamabad (Police Guest House).

“Whilst the petitioner is in the Police Guest House, he 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 said.