Former Prime Minister and PTI founder Imran Khan sought post-arrest bail from an anti-terrorism court (ATC) in Lahore on Tuesday concerning over a dozen cases related to the May 9 riots. This move comes after the Lahore High Court (LHC) set aside his physical remand in these cases.
Khan, already in custody, was arrested anew on July 15 in these cases, just a day after he and his wife, Bushra Bibi, were detained in a fresh Toshakhana case following their acquittal in the Iddat case. This new arrest significantly complicated his prospects of release from jail.
Khan’s petition, filed through Barrister Salman Safdar, requested post-arrest bail, alleging a politically motivated attempt to frame him. “The petitioner being aggrieved from a malicious and politically motivated attempt of the complainant to frame him in this frivolous FIR, craves for the kind indulgence of this honourable court for the grant of ‘post arrest’ bail,” the petition stated.
The petition presented 10 arguments for granting bail, emphasising that the sole allegation against Khan was related to “abetment” for allegedly inciting his supporters to violence. It argued that this allegation was made when Khan was in custody, without access to communicate with the outside world. Additionally, it pointed out that since Khan’s arrest was not sought for five-and-a-half months after his bail was dismissed on August 11 for non-prosecution, his arrest was unnecessary.
The petition highlighted that similar bail petitions had been granted to Khan by ATCs in Lahore and Rawalpindi, as well as by additional sessions judges in Islamabad. It noted that witnesses of abetment, introduced at a late stage, had already been disbelieved by an ATC in Lahore.
“The petitioner’s arrest, based on vague and belated allegations, highlights the police’s malafide intent and ulterior motives, as further evidenced by directives from senior officials to implicate him in all related cases,” the petition contended. It added that the evidence collected from social media was an afterthought and did not constitute any penal offense, noting that most co-accused individuals had already been granted bail.
The petition further argued that there was a need for further inquiry into Khan’s guilt, making his continued incarceration illegal and unjustified given the lack of credible evidence. It claimed that Khan had been implicated at the behest of his political opponents and that an abettor not present at the scene of the crime stands on a lower footing.
Background of the cases
On July 15, a Lahore ATC granted police a 10-day physical remand for Khan against a request for a 30-day remand. Khan subsequently approached the LHC on July 18, challenging his physical remand in 12 criminal cases related to last year’s violent attacks on military facilities and other properties, including the Lahore corps commander’s residence. Khan argued that the ATC order was illegal and requested his custody be transferred from police to judicial custody.
After issuing notices on July 23, an LHC division bench asked the prosecution to justify the need for Khan’s physical remand. On July 25, the bench accepted Khan’s petition to set aside his 10-day physical remand.
“The remand is not to be granted in a mechanical manner on the police request,” stated the detailed verdict by Justice Tariq Saleem Sheikh and Justice Anwarul Haq Pannun. The verdict emphasised that a judge granting remand must satisfy themselves whether the circumstances warrant it. It underscored that a person’s liberty cannot be curtailed without them having the legal right to explain their point of view before the judge.
In a separate petition, the bench also set aside a notification permitting Khan’s appearance in court cases via video link due to security reasons.
