PTI censures Imran’s re-arrest

The Constitution of Pakistan guarantees freedom to Imran Khan, the committee said


Imran Adnan August 30, 2023
PTI chief Imran Khan appears before ATC in Islamabad. Photo: Twitter/@PTIofficial

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LAHORE:

The PTI on Tuesday vehemently criticised the re-arrest of party Chairman Imran Khan, demanding an “open and transparent trial of baseless and frivolous cypher case”.

Following a pivotal meeting, the PTI core committee asserted that the re-arrest of the former premier, despite a clear release order from the Islamabad High Court (IHC), highlights a lack of adherence to the rule of law in the country.

The committee emphasised that the ongoing cipher case, among more than 180 false charges against the PTI chief, appears to be an autocratic manoeuvre aimed at compelling him to abandon his pursuit of real independence in the country.

The Constitution of Pakistan guarantees freedom to Imran Khan, the committee said, contending that certain extra-constitutional and democratic elements in power were determined to keep him in prison.

Drawing parallels to previous instances such as the Toshakhana case, the committee argued that deviations from legal protocols persist, exemplified by the special court's handling of the cipher case.

Read Govt denies political motive for Imran’s arrest

The committee labelled the special court's decision in the cipher case as unacceptable, as it appeared to disregard established criminal statutes. This deviation from the law, according to the committee, further tarnishes the court's credibility.

Highlighting a specific legal point, the committee pointed out that under Section 167 of the Criminal Code, the accused must be presented in court to secure physical and judicial remand.

Notably, Imran Khan, currently held in Attock Jail, was not presented before a special court, nor was his remand status disclosed before the IHC intervened to order his release.

Additionally, the committee underscored that no clear records exist regarding the scheduling of the trial pertaining to the special court's decision.

It censured the sequence of events whereby arrest in one case is followed by release in another, deeming it inconsistent with recent pronouncements by chief justice of the Peshawar High Court and the esteemed judge of the Islamabad High Court, Justice Babar Sattar.

The ongoing disregard for legal norms within the subordinate courts, as evidenced by the treatment of Imran Khan's cases, raises concerns about the integrity of the entire judicial system. The committee warned that such practices could lead to the erosion of justice and fairness within the state.

Furthermore, the PTI core committee contended that the prevalence of lawlessness, unchecked power, and constitutional violations by non-constitutional forces pose significant threats to the nation's stability. The same special court judge is accused of prolonging the physical remand of PTI Vice Chairman Shah Mehmood Qureshi, who remains in the custody of the Federal Investigation Agency (FIA), without clear justification. Moreover, this judge has seemingly “neglected” to address reports of ill-treatment and inhumane behaviour towards Qureshi, contrary to established protocols.

Read more IHC suspends Imran's sentence in Toshakhana case, orders release

The committee also highlighted challenges faced by PTI Central President Chaudhry Parvez Elahi, who continues to experience “undue hardship” despite his health issues. The lower courts, the committee argued, are indirectly perpetuating state-backed violence and vengeance against PTI leaders and members, particularly women and workers currently incarcerated. Instead of curbing the rampant misuse of fabricated charges, these subordinate courts appear to be empowering state mechanisms to bypass legal procedures, wield excessive authority, and violate citizens' fundamental rights.

In a resolute statement, the committee maintained that the pursuit of true democracy, adherence to the Constitution, and the quest for genuine national freedom championed by Imran Khan will not waver in the face of criminal deviations from the law.

Despite the present constraints, the committee expressed optimism that the “chains of state oppression will soon break”, leading to a new era of freedom under Imran Khan's leadership.

It also expressed gratitude to the courageous workers who “stood firm against state brutality,” ultimately upholding the rule of law.

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