The Lahore High Court (LHC) on Thursday annulled the physical remand of former Prime Minister Imran Khan in connection with a dozen new cases related to the violent May 9, 2023 riots. Justices Tariq Saleem Sheikh and Anwarul Haq Pannun presided over the hearing, with Advocate Salman Safdar representing Imran Khan and Punjab Prosecutor General Farhad Ali Shah in attendance. The court demanded the prosecution justify the necessity of Imran’s physical remand.
The bench observed that the prosecution failed to present compelling evidence warranting the remand. Justice Sheikh emphasized, “Whether there was even a need for a remand of these many days.” Consequently, the court set aside the remand, citing insufficient justification from the prosecution.
Background of May 9
The May 9 riots, marked by attacks on military facilities and other properties, including the Lahore Corps Commander’s residence, led to several charges against Imran Khan. Following his initial arrest, widespread unrest ensued across Pakistan, prompting a state crackdown. Imran, along with his wife Bushra Bibi, faced multiple legal battles, including cases related to the Toshakhana reference, the cipher case, and the Iddat case.
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Despite his acquittal in several cases, Imran’s legal troubles persist. The National Accountability Bureau (NAB) re-arrested the couple in a new Toshakhana case just after their acquittal in the Iddat case. NAB secured an eight-day remand for Imran on July 14, followed by his “arrest” in connection with the May 9 cases. The Lahore Anti-Terrorism Court (ATC) had initially granted a 10-day physical remand.
Legal Challenges and Defense
Imran Khan approached the LHC on July 18, challenging the legality of his physical remand in the May 9 cases. His defense argued that the ATC order was illegal and sought his transfer from police custody to judicial custody. Advocate Safdar highlighted inconsistencies in the prosecution’s approach, noting that Imran had been named in three cases directly and others through supplementary statements.
The defense also contested the necessity of physical remand for procedural investigations such as polygraph tests. Justice Sheikh questioned, “Why do you need a physical remand for this?” The prosecution cited security concerns and Imran’s interim bail status as reasons for delayed arrest and investigation.
Court Rulings and Political Implications
The LHC’s decision to overturn the remand is a significant legal victory for Imran Khan, potentially affecting the ongoing political climate in Pakistan. The court also set aside a notification permitting Imran’s court appearances via video link, emphasizing the government’s responsibility to ensure his physical presence in court.
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This ruling coincides with other legal developments, including the extension of physical remand for PTI spokesperson Raoof Hasan and others accused of anti-state digital campaigns. Meanwhile, Imran Khan’s adviser on international affairs, Sayed Zulfi Bukhari, announced Imran’s candidacy for the chancellorship at Oxford University, a position vacated by Lord Patten.
Despite the relief granted by the LHC, Imran Khan remains incarcerated due to the ongoing Toshakhana case, which he has challenged at the Islamabad High Court. The prosecution’s argument hinges on allegations of misuse of power and sale of state gifts valued at over 140 million rupees during his premiership. These gifts included diamond jewelry and luxury watches, further complicating Imran’s legal predicament.
The LHC’s ruling has sparked discussions on the judicial process and political accountability in Pakistan. As Imran Khan continues to navigate legal challenges, the political landscape remains turbulent, with significant implications for his party and supporters.
