The Supreme Court (SC) dismissed on Wednesday the request of the Punjab Government in search of the return of the founder of PTI and former Prime Minister Imran Khan, stating that the provincial government can approach the Court of First Instance if you wish.
Imran, 71, has been imprisoned in the Adial prison of Rawalpindi about his conviction in several cases, including two references of Toshakhana, the case of encryption and the IDDAT case, in which his wife, Bushra Bibi, is also imprisoned.
The Punjab government approached the Apex court to ensure the return of the former usor in more than a dozen cases related to the May 9 disturbances. These requests were annulled by the Superior Court of Lahore (LHC) in July 2024.
During today’s hearing, chaired by a three -member bank, Judge Hashim Kakar commented: “A year and a half have passed since Imran’s arrest, so the question of physical prison cannot emerge now.”
When Kakar asked him why the provincial government was looking for a return, the government lawyer replied that they needed to perform three evidence.
“The defendant has to undergo photographic, polygraphic and voice coincidence test,” said the lawyer, added that Imran did not cooperate in carrying out the tests.
Kakar pointed out that the request was looking for physical and without evidence, reiterating that since a year and a half had passed, a physical return could not be granted.
Responding to the lawyer’s statement that Imran was being not cooperative, Kakar asked: “He is under your custody, how can he not cooperate?
“The Court of First Instance granted a physical return, but the Superior Court rejected the decision of the Court of First Instance with detailed reasons. Now, this request has become ineffective and you cannot give a physical return,” he said.
Judge Salahuddin Panhor asked the Government Council if they had a USB with evidence against Imran, urging them to examine him forensic if they do.
PTI’s lawyer, Salman Safdar, argued that the Prosecutor’s Office had approached the Court of First Instance for 30 days of return without Imran being presented to the Court Chamber, attending the hearing by video link.
“The preventive detention without Imran was present. The Superior Court rejected this decision,” said Safdar. “The Prosecutor’s Office did not carry out any evidence or made any arrest for 14 months after the FIR was presented (first information report).
“When my client was acquitted in cases of encryption and IDDAT, he was arrested in this case. The LHC was not satisfied with the prosecutor’s application for a polygraph test,” he added.
Judge Kakar commented in a case that he heard “a few days ago”, where a man was in the death corridor for murder and had a hearing after eight years, where he was acquitted “with honor.”
“Have you ever been in the death cell?” Kakar asked the government lawyer.
Judge Panhor said: “Such evidence has never been carried out in any case of murder or adultery. We hope you show the same agility in a common case as in this.”
The court dismissed the request of the Punjab government for the return of Imran for “inefficiency” and ruled that the government could address the Court of First Instance for preventive detention if you decide.
The lawyer of the founder of PTI has the right to oppose the petition, the court ruled.
