SC Orders Immediate Release of Imran Khan Following Illegal Arrest

ISLAMABAD: The Supreme Court of Pakistan has declared the arrest of former Prime Minister and Pakistan Tehreek-e-Insaf (PTI) Chairman, Imran Khan, in the Al-Qadir Trust case as illegal and ordered his immediate release. The arrest had taken place on May 9th by the paramilitary Rangers force on the orders of the National Accountability Bureau (NAB) from the Islamabad High Court (IHC).

Imran Khan was accused of involvement in the embezzlement of Rs50 billion and the registration of the Al-Qadir University Trust on a large parcel of land. The PTI chief had challenged the arrest in the Supreme Court after the IHC deemed it legal.

The apex court has advised Imran Khan to approach the IHC once again. The court has also directed that Imran Khan be housed at the Police Lines guesthouse until further notice and granted him permission to meet up to 10 individuals during this time.

While the hearing was ongoing, Chief Justice of Pakistan (CJP) Umar Ata Bandial remarked that the IHC would resume hearing the case the next day. 

Imran Khan claimed in court that he was "abducted" from the IHC and subjected to physical assault, alleging that he was beaten with clubs. 

The CJP requested Imran Khan to condemn the violent protests that occurred after his arrest, to which he responded by stating that his party has always pursued peaceful means to achieve their objectives. 

Following the release orders, Rangers personnel were stationed outside the Supreme Court, and a three-layered security arrangement was put in place. Strict security measures were implemented in the Red Zone area of the federal capital to maintain order.

The court had directed authorities to present Imran Khan by a specific time, and despite a delay, he was eventually produced before the court. 

Imran Khan's lawyer, Babar Awan, reiterated that the PTI had always protested within the boundaries of the law and emphasized their objective of securing free and fair elections.

A three-member bench of the highest judicial body in Pakistan, led by Chief Justice Umar Ata Bandial and featuring the esteemed presence of Justice Athar Minallah and Justice Mohammad Ali Mazhar, has pronounced a stringent restriction on the entry of PTI workers into the premises of the court.

In a swift response to the attorney general's request for a postponement, the CJP firmly asserted the court's determination to issue an appropriate and consequential order within the same day, highlighting the utmost seriousness attached to the matter.

During the proceedings, the attorney general argued that an accountability court had already granted physical remand of the former prime minister.

However, Justice Minallah highlighted that if the foundation of the arrest was illegal, no structure could be allowed to be built upon it.

He emphasized the need to set an example for the future and expressed dissatisfaction with the manner in which Imran Khan was arrested from the Islamabad High Court (IHC) premises, stating that such actions cannot be tolerated and would set a wrong precedent.

Justice Minallah questioned why the National Accountability Bureau (NAB) took the law into its own hands during the arrest.

Imran Khan's lawyer, Hamid Khan, informed the court that his client had appeared before the IHC to seek bail in the NAB case and that the Rangers personnel appeared while he was undergoing the biometrics process.

He described the violent and ill-treatment of Imran Khan during the arrest, stressing that the biometrics process is part of the judicial procedure.

The CJP highlighted that according to court orders, the bail application had been filed but not fixed. He questioned whether the case scheduled was for another matter, raising concerns about the filing of a different application while the court was called for a specific case.

Justice Minallah further questioned whether the right of access to justice could be waived and why NAB took the law into its own hands without seeking permission from the registrar.

The chief justice emphasized that the incident was a matter of respect for the judiciary, recalling a previous case where NAB had arrested an individual from the Supreme Court parking lot but later released them after the court's intervention.

He stated that NAB had given assurances that similar actions would not be repeated, leading the Supreme Court to spare nine officers from contempt proceedings.

When asked about the number of people involved in Imran Khan's arrest, his lawyer informed the court that approximately 80-100 Rangers personnel were present at the scene.

Justice Minallah questioned the PTI's expectations from the apex court, and Imran Khan's lawyer requested the court to order his client's release.

The chief justice noted the fear spread by the entry of 100 people into the court premises, while Justice Minallah questioned why anyone would trust the judiciary if those who surrendered in court were subsequently arrested. It was also mentioned that court staff had allegedly been subjected to torture.

The CJP assured that the court would review the legality of the warrant and its compliance, while Justice Minallah emphasized that the process of surrendering before the court should not be sabotaged.

Imran Khan's lawyer informed the court that his client had been attacked and had his security withdrawn, despite being on the radar of terrorists.