LAHORE: The Lahore High Court on Wednesday asked the prosecution to justify the need for PTI founding chairman Imran Khan’s physical remand in cases related to the May 9 riots, including an attack on the Lahore corps commander’s residence.
A division bench comprising Justice Tariq Saleem Sheikh and Justice Anwarul Haq Pannun resumed the hearing of a petition filed by the former premier challenging his physical remand in 12 criminal cases of last year’s violent attacks on military facilities and other properties.
Asked by the bench, Prosecutor General of Punjab Syed Farhad Ali Shah said as many as 37 cases were registered in wake of May 9 riots in Punjab, of which 18 were registered in Lahore.
The bench asked the prosecutor how many cases the PTI founder had been nominated or arrested in.
ATC extends Qureshi’s remand in seven May 9 cases
Mr Khan’s counsel Barrister Salman Safdar said to his knowledge, there were 20 cases against the petitioner involving a common allegation of abetment.
The prosecutor said that since interim pre-arrest bails of the petitioner were pending before the court, his arrest was not made in the cases.
He said new suspects were being arrested, whose identification parades and other proceedings were in process. Barrister Safdar noted that the police made the arrest after 14 months.
Justice Sheikh asked the prosecutor if the suspect was already imprisoned in other cases, why was he not arrested during that time.
Prosecutor General Shah said all suspects cannot be arrested and interrogated simultaneously.
“Will these cases continue for life? If your conduct remains the same, this will continue until doomsday,” the judge said to the prosecutor.
Justice Sheikh further asked the prosecutor if the PTI founder was not interrogated, why police did not file an interim challan in the trial court.
The judge observed that if the suspect was not joining the investigation, the police should have declared him an absconder.
The bench asked the petitioner’s counsel about his objections to any part of the physical remand proceedings.
The lawyer said he objected to the entire remand as the complete order of the trial court was contrary to the law. He said the trial court did not mark the attendance of the petitioner via video link.
He argued that the purpose of presenting a suspect on remand is to ensure there has been no torture in police custody.
The bench observed that the prosecution needed to justify what evidence necessitated the remand of the petitioner and adjourned the hearing for further arguments.
The bench said the petition will be decided on Thursday.
Qureshi’s remand extended
Meanwhile, an anti-terrorism court on Wednesday extended the judicial remand of former foreign minister Shah Mahmood Qureshi in seven cases of May 9 violence.
The police did not present Mr Qureshi before the court, citing security reasons.
Judge Khalid Arshad expressed his displeasure with police for not presenting the suspect before the court.
Later, police got the attendance of Mr Qureshi marked via video link from Kot Lakhpat jail and the judge extended his judicial remand till Aug 5.
The judge also directed police to submit challan in the cases.
Published in Dawn, July 25th, 2024
