Here you will find the detail judgement of 09 May 2023 about Imran Khan’s arrest by the NAB and Rangers from Islamabad High Court premises.
In a CRL. M. A. NO. 641 OF 2023 IN CRL. P. NO. 519 OF 2023 the Supreme Court of Pakistan issued a detailed judgement in which Chief Justice of Pakistan Mr. Justice Umar Ata Bandial, CJ, Mr. Justice Muhammad Ali Mazhar, and Mr. Justice Athar Minallah gave this judgement 3 to nil.
Find below the detail judgement of this case:
Factual Background of the Case
The relevant facts giving rise to the present petition are that the National Accountability Bureau (“NAB”) had initiated an inquiry against the petitioner in the Al-Qadir Trust case (“AQT Case”).
Aggrieved by the action being taken by the NAB against him and apprehending his arrest, the petitioner approached the High Court on 09.05.2023 to file a pre-arrest bail application in the AQT Case. Additionally, on that same day another pre-arrest bail application of the petitioner, Crl. Misc. No.272-B of 2023, in a different case was fixed for hearing in the High Court before the Hon’ble Chief Justice at 02:30 pm.
Consequently, on 09.05.2023 the petitioner was in the High Court for two purposes: firstly, to enter his personal appearance at the hearing of his pre-arrest bail application No.272-B of 2023 and secondly, to file his pre-arrest bail application in the AQT Case.
After the latter application was given a diary number by the Institution Branch of the High Court, the petitioner’s bio-metric verification was required before his pre-arrest bail application could be registered in the CRL. M. A. NO. 641 OF 2023 IN CRL. P. NO. 519 OF 2023 3 High Court. The petitioner, therefore, reached the High Court prior to his hearing to have his bio-metric data recorded.
Whilst he was undergoing the process of bio-metric verification in the bio-metric verification room of the High Court, around 80-100 officers of Pakistan Rangers broke into that room and arrested him. The arrest was carried out on the strength of a warrant issued by the Chairman, NAB against the petitioner on 01.05.2023 in the AQT Case.
During the course of effecting the arrest of the petitioner, the door, glass partitions and windows of the bio-metric verification room situated inside the premises of the High Court were broken and a number of lawyers, High Court staff and police personnel were manhandled or injured.
Question in Issue
Before reproducing our Short Order dated 11.05.2023, it is important to note that during the course of the hearing this Court made it abundantly clear to all learned counsel who were present that the sole question of law before it was the legality of the mode and manner in which the arrest warrant dated 01.05.2023 was executed inside the premises of the High Court.
That this Court was not concerned either with the legality of the arrest warrant or with the proceedings being undertaken by the NAB in the investigation against the petitioner in the AQT Case. That those were matters which may, if at all, be determined by the competent fora in the appropriate proceedings.
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