Three-judge bench directs police to produce PTI chairman before IHC today, ensure foolproof security n CJP urges Imran to start dialogue with opponents even if he doesn’t like them n On top judge’s request, Imran asks his supporters to avoid violence.

ISLAMABAD    -     After two days of deadly clashes between police and Pakistan Tehreek-e-Insaf (PTI) supporters, the Supreme Court on Thursday ruled that the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on corruption charges was illegal. Now, Imran is under the protection of the Supreme Court.

The top court also ordered that the former prime minister ‘shall remain in the premises of the Police Lines Guest House,’ until his today’s appearance in Islamabad High Court. The police are directed to ensure foolproof security for Imran.

At least 10 people were killed and dozens others injured during violent protests which took place in several cities across the country following the arrest of the PTI leader. Police arrested over 2,000 ‘miscreants’ during the crackdown.

"Your arrest was invalid so the whole process needs to be backtracked," Chief Justice Umar Ata Bandial told Imran Khan. The chief justice called the PTI chairman to the rostrum and said there had been incidents of violence after his arrest and the court wanted peace in the country. He said when a person came to the court of law it meant that he had surrendered himself before the court. Subsequently, the court termed PTI Chief Imran Khan’s arrest unlawful, asking him to approach the IHC on Friday. During the hearing, Imran Khan urged his supporters and party workers to avoid violence and remain calm and peaceful. He also asked his supporters not to damage any property whether it is public or private. A three-member special bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah conducted hearing of the PTI petition on Imran Khan’s arrest from the premises of the IHC on May 9.

The bench said the State is not allowed to arrest anyone from the Court premises and if the Court passes an order against the accused then he could be arrested. It further said that deployment of the security forces within the Court would be with the approval of the Registrar of the Supreme/ High Court.

The apex court stated in its written order that the manner of execution of the arrest warrant issued by the Chairman, National Accountability Bureau (NAB) dated 01.05.2023 in the Al-Qadir Trust case within the premises of the Islamabad High Court against petitioner is “invalid and unlawful.”

It added, “The execution of said warrant violated the petitioner’s right of access to justice and the sanctity and safety of the Court as he had already surrendered to the Court for seeking judicial relief against the action taken by NAB in the Al-Qadir Trust case. In this regard, the fundamental rights of the petitioner under Articles 4, 9, 10-A and 14 of the Constitution of Islamic Republic of Pakistan have been infringed.”

The SC said that the petitioner is directed to be produced before the Islamabad High Court tomorrow i.e. 12.05.2023 at 11:00 am for hearing of his Writ Petition filed to challenge the NAB action against him in the Al-Qadir Trust Case. “The NAB authorities and the ICT Police shall ensure foolproof security to the petitioner until his production in the Islamabad High Court in this regard,” added the bench.

It continued that the Registrar of the Islamabad High Court is directed to place the matter i.e. the Writ Petition before the Chief Justice of the Islamabad High Court for constituting a Bench for hearing the same.

The court directed that in order to ensure the security of the petitioner until his appearance in the High Court, he shall remain in the premises where he is presently retained in police custody, namely, the Police Lines Guest House, H-11, Islamabad.

It further said that whilst the petitioner is in the Police Guest House, he shall be entitled to meet up to 10 guests, whose particulars shall be provided by him to the concerned Police Officer, subject to security check by the police. These persons shall be allowed to stay with the petitioner as long as desired by him.

It further said that this order shall remain valid until the production of the petitioner before the High Court and shall be subject to any order that is passed by the High Court. It maintained that this order shall not cause any prejudice to the proceedings of investigation being conducted by the NAB in the matter of the Al-Qadir Trust.

However, the bench turned down Imran Khan’s requests to direct the police to release him, allow him to go home, or allow him to go to Bani Gala. The Chief Justice said that he can go to Bani Gala after the IHC order. Justice Mazhar said that they would not go into the nitty gritty of the case before the High Court, but have taken up the matter as it relates to the access to justice of the citizens and sanctity of the courts. The chief justice said that the issue before them is of arrest.

Imran Khan informed the bench that he was not shown the warrant of arrest at the time the Rangers and police took him in the custody. The warrant was shown to me by the NAB officials after the arrest. He added, “I didn’t know what the allegations were against me.”

Justice Mazhar said that the call up notice was issued to him in March and the inquiry was going against him and converted into investigation on April 28 after that the warrant was issued. He said that his lawyers might not advise him properly. Justice Minallah said; “The leaders are there to lead and not be led.”

Imran said that 150 cases of sedition and criminal have been registered against him. He said 15 criminal cases were registered against him in one day. He informed that at time of his arrest he was hit by baton on his head, adding that he was arrested in commando action as he was a criminal or terrorist. In response to a question, he said, “NAB took my phone. I didn’t know what was happening in the country as was not provided even the TV and internet services. No one conveyed to me about the violence by the protesters.” Imran further told that he came to know about the situation in the country through his lawyers.

Justice Athar told him that you must had realised worst things happened in the country. He added that you are the first person who is taking the advantage of the NAB amendments.

Imran Khan said how a party that wanted elections could resort to the violence and disturbance in the country. “I was totally blind and deaf (in two days).” He said; “We are poor nation; therefore, any loss is the loss of the country.

The Chief Justice told Imran that you are a national leader and have power to control your supporter therefore advise them to remain calm. Imran said that he always tells his supporters and workers that instead of resorting to violence go to the courts for justice. The PTI chief stated that he was told by his lawyers a day earlier that “there is anarchy in the country” and asserted, “We don’t want anarchy in the country.”

Khan further said that people approached the court for justice, but contended that he was instead hit with batons. “Even murderers are not treated in this way,” Imran stated. He went on to say that he was unaware of what was happening in the country. “I was caught as if I am a terrorist,” he decried and asked, “How am I responsible for the protests?”

When the hearing resumed after Khan was presented before the court, there was a short exchange of words between Justice Bandial and Khan. The CJP said, “It is good seeing you.” He asked him to “condemn” the violent protests that took place as a result of the arrest. Avoiding the condemnation, he sent the message to his supporters that they should refrain from damaging public and private property. He said that instead of anarchy, he wants only fair and free elections in the country. The Chief Justice also asked Imran Khan to start dialogue with the opponents. He said that you may not like to talk but talk to them for peace in the country. The CJP noted that Khan should start talks with his political opponents even though he does not like them, adding that there is a need to do this as the narratives on both political ends have become “extreme”.