Imran urges LHC to set aside ATC’s remand order in dozen May 9 cases

PTI founder Imran Khan on Thursday petitioned the Lahore High Court (LHC) against an anti-terrorist court’s (ATC) order to grant his 10-day physical remand for investigation over his alleged involvement in violence on May 9.

Countrywide protests erupted on May 9 last year after the paramilitary Rangers whisked away Imran from the Islamabad High Court in a corruption case. While the protests were underway, social media was flooded with footage of rioting and vandalism at various spots, including the Lahore Corps Commander’s residence and General Headquarters, the army’s head office in Rawalpindi.

A 13-member team of the Lahore police’s investigation wing had visited Adiala Jail on Saturday to quiz the former prime minister regarding the violence and arrested him in 12 out of the total 16 cases registered by the Lahore police over the May 9 attacks.

On Monday, a Lahore ATC granted police Imran’s 10-day physical remand in the 12 cases against a request for a 30-day remand.

Today, Imran submitted petitions, copies of which are available with Dawn.com, against the remand in the 12 cases through Barrister Salman Safdar, arguing that the ATC order be declared illegal, set aside, and that his custody be transferred from the police to judicial custody.

It said the ATC had passed its order after “misreading and non-reading of principles established on the law of remand”, adding that the governing law on the issue did not permit a court to grant remand of someone not produced before it.

“It is vital to mention that learned special judge ATC (I) has completely disregarded the emphasis laid down by the Supreme Court of Pakistan through salutary judgments that remand is not to be granted automatically after the police make such a request and remand order would be illegal if at the time of its passing, accused was not produced before the Court, which passed the remand order. The deliberate desecration of the settled principles speaks volumes about the illegality in the impugned order,” the petition pleaded.

It further argued that the remand was “unjustifiable” since the sole allegation against Imran was of abetment and conspiracy, adding that he was not required for the investigation since the first information reports were “wholly silent” about his specific role.

“That arrest of the petitioner is not required in the instant case and would further impair the ability of the petitioner to prepare an effective defence against the allegations. That there not exist any justification whatsoever to arrest the petitioner in the instant case,” the petition argued.

Imran also filed a separate petition, a copy of which is available with Dawn.com, against the Punjab government’s notification allowing his appearance in the ATC hearing through video link, saying that it was “ultra vires, illegal and unlawful”.

It pleaded that the notification be declared illegal and unlawful and all proceedings arising from it be declared “null and void in the interest of justice and fair play”.

Business Monitor International, an arm of the Fitch credit ratings agency, has said in its latest country risk report for Pakistan that Imran “will remain imprisoned for the foreseeable future” despite his successful legal appeals in April and June.

Imran’s sentence in the Toshakhana reference was suspended on April 1 while he was acquitted by the Islamabad High Court in the cipher case in June. Various courts have also acquitted him in several other cases filed against him since the events of May 9 last year.

An Islamabad district and sessions court had also recently accepted the appeals filed by Imran and his spouse against their conviction in the Iddat case.

Shortly after the court acquitted him in the Iddat case, however, the National Accountability Bureau (NAB) had re-arrested Imran and his spouse in a new Toshakhana case, leaving his possible release from prison hanging in the balance.

Imran, Bushra Bibi petition IHC against arrest in new Toshakhana case

Imran and his wife, Bushra Bibi, also petitioned the Islamabad High Court today against their arrest in the new Toshakhana case.

The petition pleaded that the arrest be declared illegal and that the couple be released by issuing a “strict direction” to state authorities to not arrest the two in any other case without obtaining permission from the high court.

“Petitioners have been arrested in the instant false and bogus case with the sole objective to prolong the unjustified incarceration and further politically victimise both of them,” the petition said.

It said the two were facing multiple and repeated prosecutions by different investigation agencies for the same alleged criminal act.

It argued that there was no reason for NAB to arrest them soon after their acquittal in the Iddat case.