LHC sets aside Imran’s physical remand in May 9 cases

Author: Agencies

In a major relief for incarcerated ex-premier and PTI founder Imran Khan, the Lahore High Court (LHC) on Thursday set aside his physical remand in a dozen new cases over last year’s May 9 riots.

The “arrest” in these cases had come just a day after the former prime minister and his wife Bushra Bibi had been rearrested in a new Toshakhana case – following their acquittal in the Iddat case, which had them on the brink of being free from jail.

However, Imran, along with his spouse, is expected to remain in jail in the fresh Toshakhana case, the arrest in which he has challenged in the Islamabad High Court. Imran, 71, has been imprisoned at the Adiala Jail for almost a year upon his conviction in four cases – two Toshakhana references, the cipher case, and the Iddat case, in which his wife, Bushra Bibi, is also jailed.

Imran’s sentences in the Toshakhana references were suspended while he was acquitted by the Islamabad High Court (IHC) in the cipher case in June. An Islamabad district and sessions court had also recently accepted the appeals filed by Imran and his spouse against their conviction in the Iddat case.

Various courts have also acquitted him in several other cases filed against him since the events of May 9, 2023 – the day when his first arrest had caused riots across the country, following which the state launched a crackdown against him and his party.

However, shortly after the court acquitted him in the Iddat case, the National Accountability Bureau (NAB) had re-arrested the couple in a new Toshakhana case, scrapping his and his supporters’ plans of a possible release from prison.

As NAB secured Imran’s eight-day remand in the Toshakhana case on July 14, the Lahore police had also “arrested” him in connection with a dozen new May 9 cases. A Lahore ATC had then granted police Imran’s 10-day physical remand against a request for a 30-day remand.

Subsequently, on July 18, Imran had approached the LHC challenging his physical remand in 12 criminal cases of last year’s violent attacks on military facilities and other properties, including the Lahore corps commander’s residence. He had argued that the ATC order be declared illegal and set aside, and that his custody be transferred from the police to judicial custody.

After issuing notices on Tuesday, an LHC division bench had yesterday asked the prosecution to justify the need for Imran’s physical remand.

The bench had observed that the prosecution needed to justify what evidence necessitated the remand of the petitioner.

Justice Tariq Saleem Sheikh and Justice Anwarul Haq Pannun resumed the hearing, where Advocate Salman Safdar appeared as Imran’s counsel while Punjab prosecutor general Farhad Ali Shah was also present. Hearing a separate petition, the bench also set aside a notification permitting Imran’s appearance in court cases via video link due to security reasons.

Separately, Imran also filed a petition before the LHC to preempt his possible detention by the army amid “circulating rumours” that plans were underway to try him for the May 9 riots through a “court martial”.

However, the plea was dismissed as Justice Sheikh upheld the objection raised by the LHC registrar’s office over the absence of Imran’s signatures on the power of attorney.

Separately, an Islamabad district and sessions court on Thursday extended the physical remand of PTI spokesperson Raoof Hasan and eight others by three days over the suspicion of running alleged “anti-state digital campaigns”.

Hasan was arrested on Monday during a raid conducted by the Islamabad police and the Federal Investigation Agency (FIA) on PTI’s Central Office in a case under the Prevention of Electronic Crimes Act 2016 (Peca).

Meanwhile, Imran Khan will apply for the position of chancellor at Oxford University despite being incarcerated in corruption and other cases relating to incitement of violence during May 9 protests last year.

Sayed Zulfi Bukhari, Imran’s adviser on international affairs, told Geo News that the seat at Oxford University has become vacant following the resignation of 80-year-old Lord Patten, who stepped down after 21 years in the role, and Imran will be running for the post. Former prime ministers Sir Tony Blair and Boris Johnson are also among the candidates to become the university’s chancellor.

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