‘Why did NAB take law in its hands’, asks Justice Minallah over Imran’s arrest
ISLAMABAD: Supreme Court’s Justice Athar Minallah questioned why the National Accountability Bureau (NAB) took the law ‘into its own hands’ to arrest Pakistan Tehreek-e-Insaf chief Imran Khan in the Al-Qadir Trust case.
The top court is hearing the PTI’s plea against the arrest of leader Imran on Thursday.
A three-member bench, led by Chief Justice of Pakistan (CJP) Umar Ata Bandial, is hearing the matter. The bench also includes Justice Muhammad Ali Mazhar and Justice Athar Minallah.
Imran’s lawyer Hamid Khan informed the court that the former premier had appeared at the IHC to get bail in the NAB case, and that the Rangers appeared when Imran was getting his biometrics done. He continued that the PTI chief was arrested by Rangers personnel breaking down doors and windows.
“Imran Khan was ill-treated and violently arrested. Getting biometrics is part of the judicial procedure,” he maintained.
The CJP commented that according to court orders, the bail application was filed but not fixed. He asked if, as per the record, the case scheduled was for another matter.
Justice Minallah questioned if the application was filed before the biometrics to which the lawyer stated that the application could not be filed without biometrics.
He remarked that the court was called for one case, while the other was being filed.
Justice Minallah questioned if the right of access to justice could be waived. He further asked if it would not “have been appropriate to take permission from the NAB registrar”.
He also asked why the accountability bureau took the law into its own hands.
The chief justice stated that the incident was a matter of respect for the judiciary. He recalled a previous case where the NAB arrested an accused from the SC parking lot, but returned the individual after the court took action against the NAB.
He continued that the NAB had assured the court that no similar action would be taken again, after which the SC spared nine officers of the bureau from contempt proceedings.
When asked by the CJP about how many people came to arrest Imran, the PTI chief’s lawyer Salman Safdar informed him that 80-100 Rangers personnel were present at the scene.
Justice Minallah questioned what the PTI wanted from the apex court, to which Khan stated that the court should order Imran’s release.
The chief justice remarked that 100 people entering the court premises spread fear. Justice Minallah asked why anyone would trust the judiciary if those who surrendered in the court were arrested.
Shoaib Shaheen said that the court staff was also a target of torture.
The CJP maintained that the court would review the legality of the warrant and its compliance.
Minallah stated that the process of surrendering before the court could not be sabotaged.
Safdar informed the court that Imran was attacked and his security was also withdrawn, despite him being on the radar of terrorists.
A day earlier, the PTI filed a petition in the top court challenging the Islamabad High Court’s (IHC) ruling that party chief Imran Khan’s arrest by the National Accountability Bureau (NAB) from the IHC premises on May 9 was “legal”.
After Imran’s arrest which sparked violent protests across the country, PTI Vice Chairperson Shah Mahmood Qureshi called an emergency meeting of a seven-member party committee to review the situation and devise a comprehensive strategy to secure the former premier’s safe and early release.
And on Wednesday, the PTI’s legal team led by Fawad Chaudhry submitted a petition in the apex court, requesting the court to set aside the order passed by the IHC chief justice in the wake of the arrest.
“…Leave to appeal may please be granted against the impugned order 09-05-2023 passed by Hon’ble IHC […] may be set aside and further after hearing the parties the warrant dated 01-05-2023 issued by Chairman NAB [National Accountability Bureau] may be declared void and further be directed to release the petitioner/accused forthwith in the interest of justice,” it said.
