SC declares Imran Khan’s arrest illegal

While declaring the arrest of former prime minister and chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan illegal on Thursday, the Supreme Court directed him to appear before the Islamabad High Court (IHC) on Friday for remedy.
Chief Justice of Pakistan Umar Ata Bandial directed the concerned authorities to release the PTI chief “immediately” but said that Imran Khan will be kept in the Police Lines Guest House under top court’s ‘supervision’.
A three-member bench led by the Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah passed the orders while hearing the former prime minister’s plea against his arrest in the Al-Qadir Trust case.
On Thursday, taking up the PTI’s petition, the three-member bench of the top court issued directives at 4:30pm to the concerned authorities to produce Imran Khan before the Supreme Court in an hour; however, Inspector General Police produced Imran Khan at 5:56pm saying security arrangements caused delay in his appearance before the court.
When the hearing resumed, after Imran Khan’s arrival, the CJP called the PTI chairman to the rostrum and said: “Happy to see you.” “There have been incidents of violence after your arrest,” Chief Justice Bandial said that the court wanted peace in the country. “It is being said that your [PTI] workers came out in rage,” he said and told Imran that the court wanted to hear him.
“According to the Constitution, a person serving the nation is ameen (honest),” he remarked. “Your rival may not seem to be right, but they are a reality.” The CJP asked that he expected the other party to play its role as well, stressing that “we are sure that you want the rule of law”. Justice Bandial also said that he was threatened and told to “wait for an attack” on him.
After the SC passed the order, Imran Khan said that no harm should be caused to the country and asked his supporters to remain peaceful. “We only want elections in the country,” he maintained. He apprised the court that he was hit with batons. “Even criminals are not treated this way,” Khan stated, adding, “How am I responsible for the protests while I was in prison?”
The PTI’s legal team led by Hamid Khan appeared before the court in the morning. Hamid Khan apprised the bench that Imran Khan fundamental right was breached as he came to IHC for bail but he was arrested from the court premises. Hamid Khan argued that his client was in the room for biometrics from where he was arrested by the personnel after breaking into the room.
A counsel for the PTI Salman Safdar submitted that approximately 80 to 100 Rangers personnel entered the court premises and arrested Imran Khan.
During the hearing, Prosecutor General NAB Asghar Haider appeared before the court. The bench asked how the compliance with the warrant was done. “I’m unaware of the matter and will update the court about the matter”, Haider said.
Responding to the submission of Asghar Haider that the NAB respected the country’s courts, Justice Minallah observed the NAB had “not learnt its lessons”. He observed that NAB had been accused of many things, including “political engineering”. “Had NAB taken permission from the registrar?” he asked, adding that a letter had been written to the interior ministry for the warrant’s execution.
The NAB official responded to the judge’s queries by saying that he was not aware of the realities and had been posted at 1:30pm.
Justice Minallah then said that a common citizen could also execute an arrest warrant. “Did NAB issue directives to arrest [Imran] from inside the court? How many notices were issued to Imran Khan?” he asked. The prosecutor general responded by saying that only one notice had been issued to the PTI chief.  “It appears that NAB’s warrant was not in accordance with the law. Was an attempt to arrest made after the warrant was issued?” Justice Minallah asked.
“What was left of the honor of the court when 90 people entered the court premises? NAB has disrespected the court,” the chief justice said, adding that no one would feel safe when visiting a court in the future.  “No one can be arrested from the high court, Supreme Court, or the accountability court,” he said. “Imran Khan’s arrest has violated judicial sanctity.”