A three-member bench of the Supreme Court on Thursday ordered the “immediate” release of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, who was arrested by paramilitary Rangers from the premises of the Islamabad High Court (IHC) two days earlier in the Al-Qadir Trust case being investigated by the National Accountability Bureau (NAB).
Led by Chief Justice of Pakistan (CJP) Umar Ata Bandial, and including Justices Athar Minallah and Mohammad Ali Mazhar, the bench was hearing a petition filed by the PTI against Khan’s arrest from the IHC. Apart from ordering his release, the bench said his arrest had been “illegal” because he was attempting to secure bail from the court and this “sent a message to the public” that it could not be safe when securing legal relief.
The CJP further directed Khan to issue a statement condemning the violence witnessed nationwide following his arrest. To this, Khan said he could not have directed his supporters to violence because he was in jail. “I have never supported unrest,” he claimed. “I don’t want any incitement, merely elections,” he added. To this, Justice Minallah said no leader could claim they were not responsible for the conduct of their followers. “You are responsible for your followers’ actions,” he added.
The bench directed the PTI chief to approach the IHC tomorrow (Friday), adding that he must accept whatever ruling the court gave. The CJP also directed Khan to initiate dialogue with his political rivals and directed the government to house the PTI chief at the Police Lines Guest House until his appearance in court the next day, despite multiple requests from the former prime minister to be allowed to return home. He said up to 10 people, including lawyers, friends, and family members, could visit Khan at Police Lines.
The court also established the precedent that in future no person would be allowed to be arrested within the premises of the court. Wrapping up proceedings, the CJP told Khan: “We wish you all the best.”
Earlier, during proceedings, the SC directed NAB to produce Khan in the court after the CJP declared that Khan’s arrest from the IHC was a “disgrace” to the judiciary. Khan’s lawyer, Hamid Khan, informed the bench that the PTI chief had been seeking an extension to his interim bail and was arrested when he was getting his biometric verification completed. He further alleged that Rangers had manhandled Khan.
Justice Minallah then questioned why NAB had taken the law into its hands and not secured the IHC registrar’s permission for the arrest. “Where did the sanctity of the court go with the arrest from the court premises?” CJP Bandial remarked, adding NAB had “disrespected” the court by having dozens of people enter court premises.
“No one can be arrested from the high court, Supreme Court or accountability court. Khan’s arrest violated judicial sanctity,” he added. Justice Minallah similarly said someone who had surrendered to court could not be arrested. However, the bench remarked that the court was not reviewing the legality of the NAB warrant, merely the legitimacy of the arrest.