LEGAL

Lahore High Court Sets Aside Physical Remand for Imran Khan in May 9 Riot Cases

Lahore High Court grants relief to Imran Khan, setting aside his physical remand in May 9 riot cases. Khan remains in jail over a new Toshakhana case.
2024-07-25
Lahore High Court Sets Aside Physical Remand for Imran Khan in May 9 Riot Cases

In a significant development, the Lahore High Court (LHC) has set aside the physical remand of ex-premier and PTI founder Imran Khan in a dozen cases related to the May 9 riots of last year. This decision was made on Thursday, bringing relief to Khan, who remains imprisoned due to a new Toshakhana case.

Imran Khan, along with his wife Bushra Bibi, had been re-arrested in the Toshakhana case following their acquittal in the Iddat case, which had them on the verge of release. Despite the LHC’s decision, both Khan and his wife are expected to remain in jail as they challenge their arrest in the Islamabad High Court.

Imran Khan, 71, has been incarcerated at Adiala Jail for nearly a year, convicted in four cases: two Toshakhana references, the cipher case, and the Iddat case. His sentences in the Toshakhana references were suspended, and he was acquitted by the Islamabad High Court in the cipher case in June. An Islamabad district and sessions court also recently accepted appeals filed by Khan and his spouse against their conviction in the Iddat case.

Following his acquittal in the Iddat case, the National Accountability Bureau (NAB) re-arrested the couple in the new Toshakhana case, thwarting plans for their potential release from prison. On July 14, NAB secured an eight-day remand for Khan in the Toshakhana case. Concurrently, Lahore police "arrested" him in connection with a dozen new May 9 cases, and a Lahore ATC granted a 10-day physical remand.

Challenging his physical remand in these new cases, Khan approached the LHC on July 18. He argued that the ATC's order was illegal and sought his transfer to judicial custody. The LHC issued notices and asked the prosecution to justify the need for Khan’s physical remand.

Justice Tariq Saleem Sheikh and Justice Anwarul Haq Pannun presided over the hearing. Advocate Salman Safdar represented Khan, while Punjab prosecutor general Farhad Ali Shah appeared for the prosecution.

The LHC bench observed that the prosecution needed to justify what evidence necessitated the physical remand of Khan. Today, the bench set aside the physical remand, emphasizing that the prosecution failed to demonstrate the necessity of such a remand.

Additionally, the LHC dismissed a notification permitting Khan's appearance in court cases via video link due to security reasons, stating that his physical presence was required for remand proceedings.

In a separate plea, Khan sought to prevent possible detention by the army amid rumors of a planned court martial related to the May 9 riots. However, this petition was dismissed due to procedural issues.

The events of May 9, 2023, marked a turning point, with nationwide protests erupting after Khan's arrest by paramilitary Rangers. The state launched a crackdown on him and his party, leading to numerous legal battles. The latest LHC decision brings temporary relief to Khan, but the legal challenges he faces are far from over.