The Islamabad High Court (IHC) on Tuesday ruled that the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the Al-Qadir Trust case was conducted legally.
Announcing the ruling that he had earlier reserved, IHC Chief Justice Aamer Farooq—who had earlier questioned the Rangers’ arrest of Khan from court premises earlier in the day—also issued contempt notices to the Islamabad inspector general of police and the interior secretary. He directed the high court registrar to get a first information report (FIR) registered over the circumstances of the arrest, including the manhandling the lawyers and damages to the court building. He also instructed the registrar to conduct an inquiry and submit a report by May 16.
Khan was taken into custody by Rangers in connection with the Al-Qadir Trust case being probed by the National Accountability Bureau (NAB) while he was appearing in court to secure bail in separate cases. It came less than a day after the military’s media wing warned him against levelling “baseless” allegations against a serving senior military official, with Khan responding by reiterating his allegations in a video statement issued prior to his departure for Islamabad.
Following the arrest, PTI supporters rioted in various cities across Pakistan, with clashes resulting in injuries, deaths and extensive damage to public property.
Earlier, after Khan was taken into custody, CJ Farooq took notice of the matter and directed the Islamabad IGP and the interior secretary to appear before the court within “15 minutes.” He also directed the additional attorney general to appear before the court in the same time and instructed him to provide details of the arrest.
“If an inquiry has to be conducted, action can also be taken against the prime minister and ministers,” the chief justice warned. He also subsequently summoned the NAB director general and prosecutor general to appear in person in 30 minutes.
After the break, the court was informed by NAB Deputy Prosecutor General Sardar Muzaffar Abbasi that the anti-corruption watchdog had asked the Interior Ministry to ensure compliance with its arrest warrant for Khan, which had been issued on May 1. “Can arrests be made at the court premises?” the IHC CJ inquired. The prosecutor replied that any action could be taken if someone resisted arrest. He also acknowledged that public property was damaged and lawyers present manhandled during the arrest, with Justice Farooq expressing displeasure over the methods employed to implement the arrest warrant.
However, the NAB lawyer maintained that Khan had resisted arrest in the past and refused to appear before the anti-corruption watchdog for inquiry, requiring harsh measures.
“Our primary concern is to determine whether the arrest was made legally or illegally,” the IHC CJ remarked.
The PTI counsel, Khawaja Haris, argued that NAB had changed the inquiry into the investigation, adding this had to be conveyed to Khan’s legal team. “I wrote a letter to NAB on this matter, which is attached,” he said, claiming the PTI chief had responded to NAB through his lawyers.
He also noted that following the NAB amendments—which the PTI is contesting in the Supreme Court by declaring them against “fundamental rights”—the anti-graft watchdog could only issue arrest warrants during an investigation, not inquiry. “Does this means amendments to NAB laws are better,” Justice Farooq remarked.
Arguing that his client’s arrest was a violation of fundamental rights and an attack on the independence of the judiciary, Khan’s lawyer sought the detention to be declared illegal and his client released. “The arrest is illegal, orders should be issued for the release of Imran Khan,” he added.
In response, the NAB lawyer maintained that the inquiry into the case had turned into an investigation on April 28, adding the former prime minister had not appeared for the investigation. “NAB carried out a detailed investigation in the case,” the prosecutor added.
Appealing ruling
Following the release of the IHC’s reserved ruling, PTI Vice Chairman Shah Mahmood Qureshi announced that the party would challenge it before the Supreme Court today (Wednesday). In a statement, the party said that the decision had been taken during a meeting of a seven-member committee of the PTI’s leadership.
Describing Khan’s arrest as completely unjustified and unacceptable, Qureshi claimed the Al-Qadir Trust case was “revenge” and was not a legitimate inquiry. He also stressed that the PTI would hold “peaceful” protests across the country to ensure the release of its chairman as soon as possible.
“Detention of Imran Khan is fascism and it is condemnable to attack the Islamabad High Court during biometrics and injure lawyers,” he said, adding that the schedule of rallies announced by Khan would be adhered to. “We are turning all these things into peaceful rallies. I appeal to all organizations to continue their preparations. All workers should remain peaceful and determined. We will win this war morally and politically,” he claimed.