PTI founder Imran Khan on Thursday petitioned the Lahore High Court (LHC) against an anti-terrorist courts (ATC) order to grant his 10-day physical remand for investigation over his alleged involvement in violence on May 9.
On Monday, a Lahore ATC granted police Imrans 10-day physical remand in the 12 cases against a request for a 30-day remand.
The PTI founder filed a plea in the LHC against the remand in the 12 cases through Barrister Salman Safdar, arguing that the ATC order be declared illegal, set aside, and that his custody be transferred from the police to judicial custody.
It said the ATC had passed its order after misreading and non-reading of principles established on the law of remand, adding that the governing law on the issue did not permit a court to grant remand of someone not produced before it.
It is vital to mention that learned special judge ATC (I) has completely disregarded the emphasis laid down by the Supreme Court of Pakistan through salutary judgments that remand is not to be granted automatically after the police make such a request and remand order would be illegal if at the time of its passing, accused was not produced before the Court, which passed the remand order. The deliberate desecration of the settled principles speaks volumes about the illegality in the impugned order, the petition pleaded.
In a separate petition against the Punjab governments notification allowing his appearance in the ATC hearing through video link, the former prime minister prayed that it was ultra vires, illegal and unlawful.
It pleaded that the notification be declared illegal and unlawful and all proceedings arising from it be declared null and void in the interest of justice and fair play.
IHC
Pakistan Tahreek-e-Insaf founder Imran Khan and his spouse Bushra Bibi have moved to the Islamabad High Court against their arrest in the Toshakhana case.
The plea was filed by Barrister Salman Safdar and Khalid Yousuf Chaudhry on behalf of the incarcerated PTI founder and his wife.
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