The strict security arrangements have been made as heavy contingents of police and Rangers have been deputed outside the Supreme Court.
ISLAMABAD: (UrduPoint/Pakistan Point News-May 11th, 2023) The Supreme Court of Pakistan on Thursday declared Imran Khan's arrest illegal and ordered his immediate release, and also ordered him to reappear before the Islamabad High Court.
Chief Justice Umar Ata Bandial observed that "when a person comes to the court, it means they are surrendering before the court, we understand that Imran Khan's arrest was illegal. You were present in the courtroom on May 8th, you will appear before the Islamabad High Court tomorrow. Whatever decision the High Court makes, you will have to accept it. Imran Khan's arrest was illegal,".
The Chief Justice remarked that it is the responsibility of every politician to ensure peace and security. Justice Athar Minallah and Justice Muhammad Ali Mirza were the other members of the bench.
The top court passed the order on petition filed by PTi leader Fawad Chaudhary challenging the arrest of Imran Khan in Al-Qadir Trust case.
During the hearing, Imran Khan said that "I was abducted by the Rangers personnel, beaten with sticks, this is not even done with a criminal. After that, I have no knowledge, I still don't know what happened to me.
Imran Khan said, "There is media present here, and I want to give a message. I was arrested, but how did I become responsible for violent protests? My mobile phone was taken away, and I don't even know what happened in the country. I have never advocated for unrest. We only want elections in the country. I tell everyone not to cause any harm to public and government properties."
Imran Khan also said that he was taken to the police station and moved around without any explanation. He responded to the NAB notice and wants free and fair elections in the country.
The Chief Justice said, "Start negotiations, and it will bring peace in society. It is a good thing that you are the guardian of people's rights. The statements from both sides have become severe."
Chief Justice observed that Imran Khan is currently in the custody of the Supreme Court. Imran Khan will stay at the Police Lines Gasht House, and if possible, the hearing will be held at the Islamabad High Court at 11 o'clock. Apart from the power of the pen and Allah, we have nothing. Your security is dear to us. Imran Khan will be allowed to meet ten people. Imran Khan's family members, lawyers, and friends will be included in the people who will meet him.
Earlier, Imran Khan was brought to the court in a security convoy of 15 vehicles, following the order of the Supreme Court. After reaching the court, he was taken to the courtroom and it was closed. Imran Khan himself walked to the courtroom during his appearance in the Supreme Court.
On the occasion of his appearance in the Supreme Court, strict security measures were taken outside the court and unrelated vehicles were also removed from outside the court by the police. The Chief Justice had said that when a person comes to the court of law, it means that he surrenders himself before the court. We understand that the arrest of Imran Khan is illegal. Islamabad High Court will hear the case tomorrow, and whatever decision is made by the High Court, you will have to abide by it.
Imran Khan's lawyer Hammad Khan argued that Imran Khan had appeared before the Islamabad High Court for bail before arrest and was undergoing a bio-metric verification when the Rangers broke down the door and arrested him, using force.
Justice Athar Minallah said that "the matter of the sanctity of the High Court will also be looked at by the Supreme Court. We need to ensure access to justice for everyone, every citizen has the right to access justice. We are only looking at the principles and rules and the issue of access to justice here. What is happening in the country due to the political situation is very unfortunate,".
Chief Justice of Pakistan said, "where is the sanctity of the court when people are being arrested from the court? According to the records, the case that was being heard was perhaps something else. When 90 people entered the court's premises, what respect did the court have left? NAB has insulted the court, no one will consider themselves safe in the future court. No one can be arrested from the High Court, Supreme Court or Accountability Court. Imran Khan's arrest has damaged the dignity of the court,".
Justice Athar Minallah said that NAB has been doing the same thing with various individuals for many years, and if such arrests continue to happen, no one will trust the courts in the future. When a person surrendered himself in court, he could not be arrested.
The Chief Justice of Pakistan said that they will not consider the legal status of NAB warrants and will review its implementation. What happened after Imran Khan's arrest should have stopped.
Justice Athar asked Imran Khan's lawyer what they wanted from the Supreme Court. Hammad Khan said that the Supreme Court should order Imran Khan's release.
The Chief Justice responded to Hammad Khan's position by saying that illegal actions cannot be overlooked. The decision you want will apply to every citizen, and access to justice is the right of every citizen.
The court asked why Imran Khan was not included in the NAB investigation. Was Imran Khan's personal information requested in the NAB notice? NAB wants others to follow the law, but they do not follow it themselves.
The court said that it is clear that Imran Khan did not act on the NAB notice, and the meaning of the NAB notice is that the relevant person will be considered guilty. Justice Muhammad Ali Mazhar said that many people only take bail on NAB notices, according to records, Imran Khan responded to the NAB notice received in March in May.
The court asked if NAB had taken permission from the High Court Registrar before the arrest? On this, the NAB Prosecutor General said that NAB had rented the warrant from the Ministry of Interior. The court asked whether the Ministry of Interior had acted on the warrant within the judicial limits? On this, NAB Prosecutor General Asghar Haider said that we have great respect for the judiciary.
Justice Athar Minallah said that NAB has not learned a lesson for many years, NAB has been accused of political engineering, NAB has caused a lot of damage to the country.
Chief Justice asked, "On 1st, warrants were issued and arrest was made on May9. why didn't NAB attempt to arrest themselves on 8th day? Did NAB want to arrest Imran Khan from the court?" Why was a letter written to the Interior Ministry on May 8th?,”.
Justice Azhar inquired if NAB had said they would arrest Imran Khan from within the court. How many notices were received by Imran Khan? The NAB prosecutor stated that only one notice was given to Imran Khan. Upon this, Justice Athar said that apparently the warrants were not according to the law. Were attempts made to arrest him after the warrants were issued? Imran Khan was in Lahore, why didn't NAB ask the Punjab government to implement the warrant?
Chief Justice asked who arrested Imran Khan? The NAB prosecutor said that according to Islamabad IG, they had implemented the warrant and the police had implemented the warrant according to the court order.
Justice Omar Ata said that it has become clear that no permission was taken, the accused should surrender in court and if arrested from there, the court will become an easy place for arrests, such facilities for arrests can make courts a convenience for criminals.
Later, the court ordered IG Islamabad to present Imran Khan in court until half-past four.
The Chief Justice said that there will be no followers present in the Supreme Court, ensure that only the same lawyers and journalists are present who are currently here.
Justice Omar Ata Bandial said that Imran Khan should be re-arrested from where he was arrested, we will issue the order today, the court is very serious about the loss of state property, Torphor, government properties, etc.
The court said that the defense of the way Imran Khan was arrested is not possible.
Police brought Imran Khan to court at around six o'clock, after entering the courtroom, the doors of the courtroom were closed.
Imran Khan was brought to the Supreme Court from the judge's gate in tight security, and he reached the courtroom through a long route on foot.
Chief Justice called Imran Khan to the rostrum and remarked, "We are glad to see you. We want to hear from you. It is being said that your employees came out in anger."
