Major relief for Imran as LHC sets aside physical remand in dozen new May 9 cases

In a major relief for incarcerated ex-premier and PTI founder Imran Khan, the Lahore High Court (LHC) on Thursday set aside his physical remand in a dozen new cases over last year’s May 9 riots.

The “arrest” in these cases had come just a day after the former prime minister and his wife Bushra Bibi had been rearrested in a new Toshakhana case — following their acquittal in the Iddat case, which had them on the brink of being free from jail.

Imran, 71, has been imprisoned at the Adiala Jail for almost a year upon his conviction in four cases — two Toshakhana references, the cipher case, and the Iddat case, in which his wife, Bushra Bibi, is also jailed.

Imran’s sentences in the Toshakhana references were suspended while he was acquitted by the Islamabad High Court (IHC) 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, 2023 — the day when his first arrest had caused riots across the country, following which the state launched a crackdown against him and his party.

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.

However, shortly after the court acquitted him in the said case, the National Accountability Bureau (NAB) had re-arrested the couple in a new Toshakhana case, scrapping his and his supporters’ plans of a possible release from prison.

As NAB secured Imran’s eight-day remand in the Toshakhana case on July 14, the Lahore police had also “arrested” him in connection with a dozen new May 9 cases. A Lahore ATC had then granted police Imran’s 10-day physical remand against a request for a 30-day remand.

Subsequently, on July 18, Imran had approached the LHC against his remand, arguing that the ATC order be declared illegal and set aside, and that his custody be transferred from the police to judicial custody.

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

Today, a division bench comprising Justice Tariq Saleem Sheikh and Justice Anwarul Haq Pannun resumed hearing Imran’s plea challenging his physical remand in 12 criminal cases of last year’s violent attacks on military facilities and other properties, including the Lahore corps commander’s residence.

Imran moves LHC to avoid ‘detention by army’

Separately, Imran also filed a petition before the LHC to preempt his possible detention by the army amid “circulating rumours” that plans were underway to try him for the May 9 riots through a “court martial”.

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 protests against his arrest 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.

Thursday’s petition, filed by Advocate Uzair Karamat Bhandari and a copy of which is available with Dawn.com, requested that Imran “be retained in civilian hands and subject to the jurisdiction of civilian courts.”

“[…] Rumours started circulating that Petitioner No. 1 [Imran Khan] will be shifted to the custody of army authorities today (i.e. 25.7.2024) in connection with the very cases which form the subject matter of Writ Petition No. 45901 of 2024 and connected matters”, the petition read.

It added that Imran had just a few days ago expressed the apprehension — which was also widely reported in the media — that plans were “afoot to try him for the events of 9 May through a court martial”.

“It appears that the implementation of those plans has been accelerated because of the proceedings in the aforementioned case,” the petition added.

It also requested that the respondents — including the Punjab and Islamabad inspector-generals, the Federal Investigation Agency (FIA), and others — be “restrained from handing over the custody of [Imran] to army authorities.”

According to the petition, the LHC in its Wednesday hearing raised concerns about the legality of the action taken and orders passed against Imran, which created “a sense of panic in the ranks of those who are desperate to keep him behind bars on one pretext or the other.”

The petition added that if the army detained Imran, it would be “a complete travesty of justice and due process”.

“It will be completely against the law declared by a 5-member bench of the Honourable Supreme Court of Pakistan.”

More to follow