PTI Chairman Imran Khan’s arrest has been ruled illegal by the Supreme Court of Pakistan which ordered on Thursday that the former prime minister should be moved to a guest house in the Police Lines under the top court’s supervision.

“The manner of execution of the arrest warrant issued by the Chairman, National Accountability Bureau (NAB) dated 01.05.2023 in the Al-Qadir Trust case within the premises of the Islamabad High Court against petitioner is invalid and unlawful,” the order read.

“The execution of said warrant violated the petitioner’s right of access to justice and the sanctity and safety of the Court as he had already surrendered to the Court for seeking judicial relief against the action taken by NAB in the Al-Qadir Trust case,” the order read, adding that the petitioner’s fundamental rights had been infringed.

Chief Justice Umar Ata Bandial announced the order and told Imran Khan to approach the high court for his bail in the Al Qadir Trust case, which led to his arrest earlier this week.

The court rejected Khan’s proposal for his stay at his Banigala residence, so until his appearance before the high court, the PTI chief remains under Supreme Court custody

The court said that his security would be guaranteed by the state and sent him back to the guest house in Police Lines. The court also ordered that a total of 10 people including his family could stay with him.

“Whilst the petitioner is in the Police Guest House, he shall be entitled to meet up to 10 guests, whose particulars shall be provided by him to the concerned Police Officer, subject to security check by the police,” the written order said.

“This order shall not cause any prejudice to the proceedings of investigation being conducted by the NAB in the matter of the Al-Qadir Trust.”

Imran brought to court

Imran Khan was produced in the Supreme Court amid heavy security, over an hour after the Supreme Court’s 4:30 pm deadline expired.

Imran Khan was brought in a black Mercedes flanked by dozens of security vehicles and was led into the building via the gate normally reserved for judges.

Imran Khan walked from the vehicle to the courtroom himself. When asked by a journalist if there had been any physical torture inflcted on him, he refused to answer.

“We are happy to see you,” the chief justice said, calling Imran to the dais immediately.

“There has been violence in the coutnry since your arrest,” the CJ said. “We want peace in the country.”

I was treated like a terrorist, Imran Khan tells court

“I was beaten with sticks,” Imran said, “not even murderers are treated like this.”

Imran Khan described his arrest as an ‘abduction’ and said that he had no idea what had been happening in the country ever since.

He told his supporters to remain calm and told the court that he does not want ‘anarchy’ in the country.

The hearing

Produce PTI chief Imran Khan before court in an hour, the Supreme Court had ordered Islamabad’s inspector general of police on Thursday while hearing petitions against Khan’s arrest.

“The court will issue an appropriate order today,” Chief Justice of Pakistan Umar Ata Bandial said, adding that the court was “very serious” about the matter. The deadline for Imran’s production had been set for 4:30pm.

A three-member top court bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Muhammad Ali Mazhar, and Justice Athar Minallah heard the petition of Khan against his arrest in the alleged corruption in the sale of land.

Khan’s lawyers, the National Accountability Bureau prosecutor, and the attorney general for Pakistan appeared in court.

Khan was arrested by Rangers on May 9 when he went to the Islamabad High Court to appear in a case. He was whisked away by the forces to the vehicle after being taken from the diary room of the top court.

The appeal claimed apprehension about an imminent threat to the life and liberty of the petitioner. It was filed on behalf of Khan through his counsel Raja Aamir Abbas.

It alleged that the warrants appeared to be in violation of Article 10-A (a provision that guarantees right to fair trial).

Security arrangements

Around 1,200 police and Rangers and personnel were posted outside the Supreme Court.

A team of the Pakistan Army carried out a flag march on Constitution Avenue before Imran Khan was presented in court. A bomb disposal squad also scanned the building before Imran Khan’s arrival.

The Court was approachable from two routes on Thursday morning, through the Margalla Road on one end and through Serena Chowk from the other end. The other three entry points to the Constitution Avenue including D-Chowk had already been closed with containers.

However, following the summoning the Serena Chowk was also closed, so the security cordon carrying Imran Khan was directed to approach from Margalla Road.

PTI tells protestors not to go to court

Pakistan Tehreek-e-Insaf has told instructed its workers not to reach Supreme Court.

The court had said that no political workers, leaders or other or unconcerned people should be at the hearing when Imran Khan is presented.

May 1 warrant

Earlier, NAB Prosecutor General Asghar Haider appeared in court on the court order. He said that he has “great respect” for the judiciary. To this, Justice Athar Minallah remarked that even after so long, NAB has “not learned any lesson”.

“NAB is also accused of doing political engineering and many actions of NAB have caused irreparable damage to the country. Should NAB not have taken permission from the registrar before arresting Imran Khan?” said the judge.

Justice Minallah asked whether NAB’s warrant was executed by the Ministry of Interior in the court premises.

To this, the NAB prosecutor general said that a private person “can also execute these warrants”. However, he said that he had “taken charge recently so he had no information about the incident”.

CJP Bandial asked whether NAB wanted to arrest Khan from the premises of the court. “If the arrest warrant was issued on May 1, then why did NAB not try to arrest the accused during that period,” the chief justice asked.

He asked why the anti-graft body wrote a letter to the Ministry of Interior on May 8.

‘Access to justice is right of every person’

At the outset of the hearing, one of Khan’s lawyers Hamid Khan informed the court that his client had approached the Islamabad High Court for pre-arrest bail.

Khan was in the process of getting his biometrics done when he was arrested, said Hamid. An incident was also claimed by other lawyers when Khan was arrested on May 9. “Rangers misbehaved with Imran Khan and arrested him,” the lawyer claimed.

CJP Bandial observed that court records showed that the case had not been fixed for hearing. The lawyer told the court that the appeal could not be filed without completing the biometric process.

Justice Minallah observed that Imran had indeed entered court premises. “How can anyone be denied the right to justice?” he asked.

CJP Bandial said that there was a certain “respect” for the courts. Recalling a past incident, he said, “NAB had arrested a suspect from the Supreme Court’s parking [lot]. The court had then reversed the arrest.”

The CJP asked Khan’s counsel about the number of Rangers personnel who had carried out the arrest of the former premier. Khan’s lawyer replied that as many as 100 Rangers personnel entered court premises.

“What dignity remains of the court if 90 people entered its premises? How can any individual be arrested from court premises?” the CJP asked.

“In the past, action has been taken against lawyers for vandalism inside the court,” he observed, “if an individual has surrendered to the court, then what does arresting them mean?”

The chief justice remarked that NAB had committed “contempt of court”. “They should have taken permission from the court’s registrar before the arrest. Court staffers were also subjected to abuse,” he added.

More to follow