Pakistan’s Supreme Court on Thursday termed the arrest of former Prime Minister Imran Khan as “illegal” and ordered his immediate release after he was produced before a bench on its orders. The bench was hearing a plea by Pakistan Tehreek-e-Insaf chairman against his arrest in the Al-Qadir Trust case. The order to produce Khan, 70, was issued by a three-judge bench, comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Muhammad Ali Mazhar and Justice Athar Minallah. It also expressed anger over the manner in which Khan was taken into custody from the premises of the Islamabad High Court. The bench had directed the National Accountability Bureau (NAB) to produce Khan by 4.30 pm (local time) when the court would resume the hearing.
Earlier, at the beginning of the hearing, Chief Justice Bandyal asked how a person could be arrested from the court premises. Justice Minallah found that Khan had indeed entered the court premises. “How can anyone be denied the right to justice?” He asked.
The court also said that no one can be arrested from the court without the permission of the registrar of the court. It was also observed that arrest without fear and information tantamount to denial of access to justice, which was the right of every citizen.
It also said that entering the premises of the court means surrendering to the court and how a person can be arrested after surrender. “If a person surrenders in court, what is the point of arresting them?” said the Chief Justice.
Khan’s lawyer Hamid Khan informed the court that his client had approached the Islamabad High Court (IHC) for pre-arrest bail, but paramilitary Rangers arrested him. The lawyer said, “The rangers misbehaved with Imran Khan and arrested him.”
Also read: Pak Army calls unrest on Imran Khan’s arrest a ‘black chapter’, warns of strict action
The court also took note of the entry of around 90 to 100 Rangers personnel into the court to arrest Khan. “What is the dignity of the court if 90 people enter its premises”. “How can a person be arrested from the court premises?” the Chief Justice asked.
Chief Justice Bandyal also said at this point that the National Accountability Bureau had committed ‘contempt of court’. “They should have taken permission from the registrar of the court before arresting them. Court staff were also manhandled,” he said.
Khan was arrested from the Islamabad High Court on Tuesday and an accountability court on Wednesday handed him over to the National Accountability Bureau for eight days in connection with the Al-Qadir Trust case.
The former prime minister on Wednesday approached the apex court challenging the Islamabad High Court’s decision to quash NAB’s May 1 warrant for his arrest and declare the arrest as “illegal”. Earlier, the IHC had upheld Khan’s arrest hours after he was arrested, expressing anger at the manner in which he was held.