LAHORE: The Lahore High Court issued notices to the prosecution and other respondents on a petition filed by PTI founding chairman Imran Khan against his physical remand in 12 cases of May 9 riots, including attack on the corps commander’s residence.
A division bench, headed by Justice Tariq Saleem Sheikh, also summoned details of the cases and charges against Imran Khan, as well as the prosecutor general and the advocate general.
Advocate Usman Riaz Gill appeared on behalf of the petitioner and argued that his client is not physically present before the antiterrorism court for the remand proceedings. He said the physical absence of the petitioner rendered the ATC order for physical remand illegal.
He argued that the LHC should declare Imran Khan’s physical remand illegal. Justice AnwarulHaqPannun, the other member on the bench, asked the counsel if he is requesting the suspect to be presented in the court so he could state his position before the judge.
The lawyer replied in affirmative, saying the law mandates physical presence of a suspect in the court for physical remand.The bench adjourned the hearing for a day and issued notices to the advocate general and the prosecutor general of Punjab.
The petition argued that an ATC granted Mr Khan’s custody to police on July 15 in a hearing which he attended through WhatsApp video call from Adiala jail, Rawalpindi. It stated that the order issued by the ATC is tantamount to misreading established principles on the law of remand and urged the court to set it aside for being unlawful.
The petition stated that the remand was ‘unjustifiable’ as the sole allegation against the petitioner was of abetment and conspiracy and his participation in the investigation was not required as the FIR was wholly silent about his specific role.
It further said the prosecution didn’t arrest the petitioner for more than a year after May 9, 2023, even when the police authorities knew he was under the custody of the state at Adiala jail.
The petition said the FIR contained allegations related to public protests following the former premier’s arrest, and when the said offences for which he has been charged with occurred, he was absolutely incommunicado as he was in the unlawful custody of NAB.
