ISLAMABAD: The Supreme Court pronounced Chairman Imran Khan’s arrest in the Al-Qadir Trust case “illegal,” relieving Pakistan Tehreek-e-Insaf (PTI).
The order followed the PTI chief’s court appearance. 15 vehicles transported him under tight security.
Khan presented at 5:40pm, more than an hour after the SC ordered his presentation at 4:30pm.
After Chief Justice of Pakistan (CJP) Umar Ata Bandial called the PTI leader’s arrest from the Islamabad High Court (IHC) a disgrace to the country’s legal system. Khan ordered to appear in court.
The CJP said that while leading a three-member bench hearing PTI’s plea challenging Khan’s arrest. Justice Athar Minallah and Justice Muhammad Ali Mazhar join the CJP.
Hamid Khan, the former premier’s counsel, told the court that Khan had come to IHC to extend his temporary release at the start of the hearing. Rangers entered while the PTI chief was verified.
“Rangers misbehaved with Imran Khan and arrested him,” he claimed.
CJP Bandial asked about Khan’s bail extension request.
Justice Minallah requested a plea before biometric verification.
Khan went for biometric verification because a plea cannot submitted before that, the lawyer added.
Why did NAB seize the law? Justice Minallah suggested NAB should have sought the IHC registrar for approval.
He said the supreme court must ensure justice for all. The judge lamented the country’s predicament.
“Where did the sanctity of the court go with the arrest from the court premises?” Bandial said.
The CJP requested Khan’s arresters’ numbers.
Salman Safdar, another lawyer for Khan, said the court that 80-100 men come to arrest the PTI chairman.
“Whats left of the court’s honour when 90 persons invaded the court premises? “NAB has disrespected the court,” CJP Bandial stated.
The high court, Supreme Court, and accountability court cannot arrest anyone. “Khan’s arrest violated judicial sanctity,” he continued.
If such arrests become routine, Justice Minallah said no one will attend court.
“A person who has surrendered before a court cannot be arrested,” he noted.
CJP Bandial said the court would assess the NAB warrant’s legality and compliance.
“The right to surrender before the court cannot be sabotaged,” CJP said.
Safdar informed the court that Khan is on the “target list of terrorists” and removed his security. He also said NAB’s investigative officer wasn’t present during arrest.
“There is no example of how rangers arrested Imran Khan,” added Safdar.
Justice Minallah noted that the anti-graft watchdog has done the same with other people for years.
Moreover, Khan’s lawyer Safdar informed the bench that they learned of the warrants’ May 1 issuance after the arrest. The interior secretary told the court the PTI head had not received the warrant.
Hamid Khan, the petitioner’s counsel, petitioned the Supreme Court to release Khan.
“Illegal work cannot ignored,” CJP Bandial said, adding that everyone has the right to justice.
While, On May 9, lawyer Hamid Khan said Imran Khan was not with any activists or party supporters.
Justice Mazhar asked if Imran Khan has answered to NAB notices.
The PTI chief’s lawyer stated NAB received a response.
He said that a person cannot arrested during an inquiry and NAB must tell the accused afterward.
Shoaib Shaheen, Imran Khan’s other lawyer, said they would respond if he joined the probes.
“NAB’s arrest warrant is illegal,” he said.
Moreover, Justice Mazhar replied that the case was about NAB’s arrest warrant compliance, not its legitimacy. He also inquired why the PTI head had not opposed warrant and joined investigations.
Justice Minallah said NAB just sought to enforce the law, but “its evident that Imran Khan had also not complied to the NAB’s notice”.
Justice Mazhar noted that Imran Khan responded to NAB in May for the March notification.
The lawyer said Imran Khan received one notification.
“Justice Mazhar is talking about the implementation of law,” Justice Minallah said. He also inquired if NAB had sought registrar high court clearance for the arrest.
NAB Prosecutor General Asghar Haider replied that the watchdog requested interior ministry assistance in executing the arrest warrant.
“Did the interior ministry execute the arrest warrant in court?” Justice Minallah.
The NAB official asserted that the NAB warrant implemented with government input.
“NAB hasn’t learned in years. “National accountability bureau has destroyed the country. Nab is accused of political engineering,” Justice Minallah said.
NAB counsel Sardar Muzaffar said the court should consider Imran Khan’s past resistance.
CJP Bandial noted that NAB stated that the federal government determined compliance.
“Was any NAB officer present at the time of arrest?” he inquired.
NAB authorities ignored this question.
Haider claimed he didn’t know anything because he was newly appointed. He stated private individuals can execute warrants.
Justice Minallah said that NAB still executes its warrant.
CJP Bandial noted that the warrant was issued on May 1 and the arrest occurred on May 9.
Why did NAB wait eight days to arrest? “Did NAB want to arrest Imran Khan from court?” the top judge inquired. He also wondered why the interior ministry received the letter on May 8.
Justice Minallah asked how many notices Khan received.
NAB prosecutor said Khan received only one notice.
“It seems NAB’s warrant was not in accordance with the law,” Justice Minallah said. He inquired if the warrant executed.
“Imran Khan was in Lahore, why didn’t NAB ask the Punjab government for the execution of warrant?” he said.
“Who arrested Imran Khan?” asked CJP Bandial.
Moreover, The NAB prosecutor said law enforcement obeyed the warrant by court order and IG Islamabad.
“Was the police monitoring the proceedings as per court order?” asked the CJP.
Advocate General Islamabad Barrister Jahangir Khan Jadoon stated the Rangers apprehended Khan while helping the police.
While, CJP asked how many Rangers were present. The advocate general stated the Rangers protected the PTI chief.
The CJP said NAB was indifferent to warrant compliance.
The advocate general noted there was no legislation prohibiting registrar approval.
The CJP asked about shattered windows and doors.
While, Justice Minallah ruled even the biometric branch cannot break the glass. He advised reading Criminal Code Sections 47–50.
Moreover, AG Jadoon replied that Khan could not be arrested anywhere. “Imran Khan used to call thousands of people on every appearance,” he claimed.
The CJP claimed no approval granted.
Moreover, Khan summoned by CJP Bandial. He ordered that no supporters accompany him to court.
Whie, Khan alone should appear in court. “No party worker or crowd can enter the court,” he said.
He said the court took vandalism and government property loss seriously.
While, The order will be issued today, and the investigation should begin where the PTI head was arrested, he said.
Justice Minallah declared Khan’s arrest unjustifiable.
The chief justice said it was unanticipated.
NAB was independent, the attorney general claimed.
“While, NAB has put all the blame on the federal government,” stated Justice Minallah.
“NAB requested Rangers deployment. “They did not request Rangers to execute warrants,” the attorney general said.
Justice Minallah observed, “Leave Imran Khan, even if there was a common citizen, this move would have been unbearable.”
While, He stated the court won’t discuss the arrest warrant’s legitimacy. Other political parties were mistreated. “The country needs the rule of law,” he continued.
SC grants hearing.
The PTI had petitioned the Supreme Court a day earlier to overturn the Islamabad High Court’s (IHC) ruling that Imran Khan’s NAB arrest was “legal”.
After registrar objections, the petition was returned to the PTI.
Moreover, The registrar’s office said the PTI head did not seek the relevant forum and might file an intra-court appeal.
The petition also lacked the PTI chief’s signature.
Later on Wednesday, the PTI addressed the registrar’s objections and was granted a hearing.
Moreover, After Khan was arrested in the IHC on Tuesday, PTI Vice Chairman Shah Mahmood Qureshi called an emergency meeting of the seven-member committee to assess the situation and develop a plan to release the party chair safely and quickly.
PTI’s senior leader stated the party’s plan to move the apex court.
While, IHC calls Imran Khan’s Al-Qadir Trust arrest “legal.”
The IHC called the PTI chairman’s Al-Qadir Trust arrest “legal” on Tuesday.
The reserved verdict was given by IHC Chief Justice Aamer Farooq, who had earlier questioned the Rangers’ detention of Khan on judicial grounds.
The IHC also issued contempt orders to the Islamabad inspector general of police and interior secretary.
The chief justice ordered the high court registrar to file a first information report (FIR) on the arrest’s manhandling of lawyers and court building damage.
He ordered the registrar to investigate and report by May 16.
Khan, who has scores of cases ongoing since his ouster last year, was arrested inside the high court as he appeared in two hearings.
While, This come hours after the military rebuked the former international cricketer for suggesting a top commander plotted to assassinate him.
