The Lahore High Court (LHC) has noted that there is no audio or video evidence available on record to prove that former prime minister Imran Khan was behind the attacks on state installation on May 9, 2023.
The LHC has unveiled its written order on Imran's petition against the order of an anti-terrorism court (ACT) in Lahore which on July 15 remanded the PTI founder in police custody for 10 days in connection with 12 different May 9 cases.
A division bench comprising Justice Tariq Saleem Sheikh and Justice Anwaarul Haq Pannun had heard the petition filed by Imran Khan on July 18. The court on July 25 set aside the ATC order.
In its 5-page written order, the LHC noted that under the Constitution, no illegal restrictions can be placed on anyone's freedom. It said there are higher court rulings regarding physical remand, adding that before remanding a person to custody the judicial magistrate must review the charges.
If a case is not established, the verdict said, the judge can discharge the case.
It said judges should also consider Article 10 of the Constitution when remanding a person in police custody as the accused also has the right to present their stance before the judge.
According to the written order, there is no apparent audio or video evidence on record to support the allegation that the petitionerImran Khanaided and abetted May 9 incidents.
The order said Imran was not arrested in the twelve cases even more than one year after the incidents of vandalism and rioting. The prosecution, it said, also could not present any material against the petitioner apart from the statement of a government officer.
The physical remand granted to the petitioner does not comply with the Supreme Court's guidelines on remand. The physical remand granted to the petitioner in twelve cases is declared null and void, it added.
Soon after his acquittal in an illegal marriage case, the Lahore Police arrested Imran Khanwho is already detained at Rawalpindi's Adiala Jail in connection with a dozen cases lodged against him over the May 9 riots.
A 13-member team of the Lahore police's investigation wing visited Adiala Jail on July 14 to quiz the former prime minister regarding the violence which started on May 9, 2023 after his arrest from the Islamabad High Court (IHC).
According to reports, the PTI leader had refused to meet the Lahore police team when they tried to gain access to him to interrogate him. Imran Khan was nominated on various offences, including charges of provoking the public against the state.
Out of the dozen cases registered against the former prime minister, police officials said two in particular, which pertained to the attacks on the residence of the Lahore corps commander and the Askari Tower, were the focus of police high-ups.
The corps commander house attack was being probed by a joint investigation team (JIT) led by DIG Investigation Zeeshan Asghar, whereas the Askari Tower case was investigated by SSP Investigations Dr Anoosh Masood Chaudhry. Other cases, including the attack on Shadman police station, were being investigated by divisional SPs.
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