ISLAMABAD, May 11 (NNI): The Supreme Court of Pakistan Thursday declared arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan illegal and asked him to appear before Islamabad High Court tomorrow (Friday).
Supreme Court of Pakistan also asked Imran Khan to obey the IHC orders whatever that be.
The directives were issued by Chief Justice of Pakistan (CJP) Umar Ata Bandial as the court resumed hearing the former prime minister’s plea against his arrest in the Al-Qadir Trust case.
The Supreme Court also asked Imran Khan to condemn the violence that has been ensued after his arrest in the country and asked his supporters to remain peaceful.
When the hearing resumed, Chief Justice of Pakistan (CJP) Umar Ata Bandial told Khan, “it is good to see you.” “We believe that Imran Khan’s arrest was illegal,” remarked the CJP.
CJP Bandial said that the IHC should hear the case tomorrow. “You will have to accept whatever the high court decides,” he added. The CJP said that it is every politician’s responsibility to ensure law and order.
In response, the PTI chief, through the media present in the courtroom, forwarded a message to his supporters that they should refrain from damaging public and private property. “The court will issue an appropriate order today,” the CJP said during the hearing, adding that the court was “very serious” about the matter.
“I don’t want any loss in the country nor do I wish for people to get incited. I just want free and fair elections,” the PTI chief told the court, pleading with the court that despite his responding to the National Accountability Bureau’s (NAB) notices, he was arrested.
In response to the court’s question about whether he knew what was going on in Pakistan, Khan — who became the first prime minister to be ousted from office through a no-confidence vote in April last year — said his mobile phone was taken away and he was unaware about what was happening in the country.
Then the PTI chief requested the CJP to send him home, but the top judge said he was not going to do that and assured him that he would “remain at peace at the Police Lines Guest House”.
“You can stay there, talk, rest, and then present yourself before the Islamabad High Court tomorrow,” CJP told Khan. The CJP then directed authorities to allow Khan to meet as many as 10 people — including his lawyers, friends, and family members.
Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has been presented before the Supreme Court on the top judge’s orders after his party challenged his arrest.
The former prime minister was taken inside the court via the judges’ gate.
The Supreme Court of Pakistan ordered the authorities to produce PTI Chairman Imran Khan in the court within an hour.
The apex court ordered the Islamabad inspector general of police to implement the court order and bring the former prime minister into the courtroom at 4:30 pm today.
The court also directed that no other PTI activist will accompany Imran Khan.
Security has been beefed up outside the apex court, with contingents of the Rangers and police, and bomb disposal squads called in. Only lawyers and journalists already present in courtroom number 1 — where the hearing will be held — are allowed inside the room.
Islamabad DIG (security) has reached the court to review the security situation.
Meanwhile, the PTI has asked its supporters to stay away from the top court.
The Supreme Court has started hearing the petition filed by the Pakistan Tehreek-i-Insaf Chairman Imran Khan against his arrest at 2pm today.
A three-judge SC bench led by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Muhammad Ali Mazhar and Justice Athar Minallah is hearing the petition.
At the outset of the hearing, Imran’s lawyer Hamid Khan told the court that his client came to the Islamabad High Court to get bail in the NAB case. He was getting his biometrics done when the Rangers broke down the door and windows and arrested him. Imran was abused and tortured upon arrest, he added.
Chief Justice Umar Ata Bandial said that according to the record, the case that was fixed was probably another, adding that according to the court order, the bail application was filed but not fixed.
Justice Athar Minullah remarked that Imran had entered the court premises. He was summoned in one case and another case was being filed.
“The question is, can the right of access to justice be denied? Can someone be deprived of the right to justice? Would it not have been appropriate, if the NAB had sought permission from the registrar? Why did the NAB take the law into its own hands,” Justice Minallah remarked.
Chief Justice Bandial remarked that it’s a matter of the respect of the judiciary. He said that once the NAB had arrested an accused from the parking lot of the Supreme Court, but the court reversed the arrest and took action against the NAB. Nine officers were saved from contempt of court after getting assurances from the NAB, the top judge added.
The CJP inquired how many people came to arrest Imran Khan.
Lawyer Salman Safdar said that around 80 to 100 people came to arrest the PTI leader.
The chief justice observed that panic spread with the entry of 100 people into the court premises.
“What dignity remains of the court if 90 people entered its premises? How can any individual be arrested from court premises?” he asked.
The Chief Justice remarked that the court will examine the compliance of the warrant, and not its legal status.
Justice Minallah said that the process of surrendering before the court could not be sabotaged.
Salman Safdar Advocate said that Imran was attacked and the security was also withdrawn even though the PTI chief was on the radar of terrorists.
Justice Minallah remarked that the court will only examine the right of access to justice.
Advocate Safdar said that the investigation officer of NAB was not even present at the time of arrest. Imran was brought from the judges’ gates and Asad Umar was arrested from the Islamabad High Court, the lawyer said adding that after the arrest of Imran it was found out that his arrest warrants were issued on May 1.
He went on to say that the interior secretary himself told the court that the warrant had not yet been received for execution.
Justice Minallah observed that the NAB has been doing such things with the elected representatives for many years, it is high time these activities of NAB were ended.
Chief Justice Bandial said that what happened should have been stopped by the arrest, it does not mean that illegal measures can be ignored.
“We want to give such decision that will apply to every citizen. Every accused has access to justice,” the chief justice remarked, adding that the district court of Mianwali has been attacked today. Find out who did it. It is very painful to hear about the attack on the district court, he ordered.
Justice Muhammad Ali Mazhar inquired whether the notices of NAB were answered.
To which, Imran’s lawyer replied in the affirmative, saying that the NAB notices were answered.
He said according to the law, arrest cannot be made at the level of inquiry and after the completion of the inquiry, the report must be given to the lawyer of the accused.
Justice Mazhar asked whether Imran was involved in the investigation.
Lawyer Shoaib Shaheen said that Imran had sent the reply to the notice to the watchdog, adding that the notice of the NAB was illegal.
Justice Minallah observed that the real problem is not the issuance of warrant, rather the issue is how the warrant has been executed.
Justice Mazhar noted that the NAB warrant was not challenged by Imran Khan.
Justice Minallah remarked that everyone talks about following the law, but no one obeys it himself. It is clear that Imran did not follow the NAB notice, the judge said.
NAB Prosecutor General Asghar Haider appeared in the court and said that he respects the judiciary a lot.
On this, Justice Minallah remarked that the NAB has not learned any lesson. He said that the anti-graft watchdog has been accused of many things including political engineering. He asked whether the NAB has got permission from the registrar for the arrest.
The NAB prosecutor told the court that a letter was written to the Ministry of Interior to comply with the warrants, and they implemented it.
Justice Minallah asked: “Did the Ministry of Interior implement it in the court room?”
On this, the NAB prosecutor said, “I do not know the facts, I have been appointed at 1:30pm today”.
Justice Minallah inquired of the prosecutor if the NAB asked for Imran’s arrest from inside the court. How many notices were issued to Imran Khan, the judge asked?
On this, he said that only one notice was issued to Imran.
Justice Minallah remarked that apparently the NAB’s warrant is not according to the law, did NAB try to arrest Imran Khan after the warrant was issued?
Chief Justice Bandial remarked, “the warrant was issued on the 1st and the arrest was made on the 9th of May. Why did the NAB not try on its own for 8 days? Did NAB want to arrest Imran from the court? Why was the letter written to the Interior Ministry on May 8?”
Justice Minallah said that why NAB did not write to the Punjab government to comply with the warrant? He said that the NAB has destroyed the country a lot.
On this, the NAB officer said that look at Imran’s conduct, he had resisted in the past, NAB was also afraid of loss of lives.
The Chief Justice said, “According to you, the method of arrest warrant was decided by the federal government itself. Was any officer of NAB present at the time of arrest? Who arrested Imran Khan?”
Imran’s lawyer said that according to Islamabad IG, he complied with the warrant. The NAB prosecutor said that the police had complied with the warrant as per the court order.
The Chief Justice observed that according to the court order, the police were monitoring the proceedings?
The advocate general said that the arrest was made by the Rangers under the police.
Earlier, additional documents related to Imran Khan’s arrest have been submitted to the Supreme Court. A copy of the NAB call-up notice and a letter written to the NAB DG have been submitted to the Supreme Court.
Apart from this, the writ petition and affidavit filed against the NAB chairman have also been submitted to the court.
It has been stated in the petition that Imran was illegally arrested during biometric verification. His lawyers Gohar Ali and Ali Bukhari were mistreated during the arrest. The poisonous spray was thrown on the eyes of his lawyers.
The petition beseeches that the additional document be made part of the record for the requirements of justice.
The application was submitted on Thursday by Mahboob Alam Gujjar Advocate, seeking Imran Khan’s release and an order for launching an investigation into the PTI chief’s arrest.
On Wednesday, Imran Khan’s lawyers submitted a petition to the Supreme Court seeking annulment of the IHC verdict declaring the former premier’s arrest as legal.
Supreme Court Registrar had allotted a number to Imran Khan’s petition yesterday, however, it was not fixed for hearing yet.
Earlier, Fawad Chaudhry’s wife Hiba Chaudhry was prevented from entering the Supreme Court and police refused to issue her an entry pass.
Hiba said that her husband is the petitioner of today’s hearing and requested the police to let her in. But the police refused to grant her the entry pass, triggering an argument between Hiba and the police. NNI
