The Lahore High Court (LHC) on Thursday declared as null and void a lower court’s granting of the physical remand of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in cases related to the May 9, 2023 riots.
Announcing the verdict, a two-member bench comprising Justices Tariq Saleem Sheikh and Anwarul Haq Pannu also declared the notification of Khan’s appearance via video-link null and void.
During today’s hearing on a petition filed by Khan, Justice Saleem observed that a suspect cannot be forced to undergo photogrammatic test for investigation purposes. Justice Pannu, meanwhile, questioned why the prosecution had not taken the necessary steps for investigation earlier.
Representing the state, Punjab Prosecutor General Farhad Ali Shah argued that as the facility to conduct photogrammatic tests was at the jail, it would be injustice to prevent the prosecution from securing the evidence it requires. “At the end, the prosecution is blamed that it failed,” he said, adding the investigation cannot proceed without the recovery of the mobile phone through which allegedly inciting tweets were posted and WhatsApp messages sent to PTI leaders.
To this, Justice Pannu questioned how the mobile phone would be recovered while the suspect was imprisoned. The bench then reserved its verdict, announcing it a few hours later and declaring as null and void an Anti-Terrorism Court’s granting of Khan’s custody to police.