LAHORE: A Lahore High Court (LHC) division bench will hear on Monday a petition of PTI founding chairman Imran Khan challenging his 10-day physical remand in 12 cases of May 9 riots, including the attack on the corps commander house.

The bench comprises Justice Tariq Saleem Sheikh and Justice Anwarul Haq Pannun.

The petition filed through Barrister Salman Safdar argued that on July 15, an anti-terrorism court (ATC) had granted Imran Khan’s custody to police in a hearing, which he attended on a WhatsApp video call from Adiala Jail, Rawalpindi.

It stated that the order issued by the ATC was tantamount to misreading established principles of the law of remand and urged the court to set it aside for being unlawful.

The petition said 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 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 his whereabouts were known to the police authorities as he was in custody of the state at Adiala jail, Rawalpindi.

The petition said the FIR contained allegations related to public protests following Mr Khan’s arrest and when the said offences for which he had been charged occurred, he was absolutely incommunicado as he was in the unlawful custody of National Accountability Bureau.

The trial judge was informed that the petitioner’s physical remand would not serve any useful purpose as he was allegedly only an abettor and was not present on the scene, the petition added.

Ejaz’s bail plea dismissed

An anti-terrorism court on Saturday dismissed the bail petition of incarcerated PTI Senator Ejaz Chaudhry in a case of torching police vehicles near Rahat Bakery in the cantonment during the May 9 riots.

During the hearing, a prosecutor opposed the bail and presented evidence against the PTI leader. He read a post of the senator made on X, formerly Twitter, saying the suspect incited his party workers to violence. He asked the court to dismiss the bail petition.

A lawyer for the senator contended that the petitioner was wrongly implicated in the case. He said the petitioner was not even present at the alleged occurrence.

After hearing both sides, Judge Khalid Arshad dismissed the petition of Senator Ejaz Chaudhry, who is in jail for alleged involvement in multiple cases related to the May 9 riots.

Sarwar Road police had registered the case against leaders and workers of the PTI on charges of torching police vehicles near Rahat Bakery during the violent protests on May 9, 2023, following the arrest of former premier Imran Khan in a graft case by the NAB.

Separately, Judge Khalid Arshad extended the pre-arrest bail of former federal minister Fawad Chaudhry, MPA Farhat Abbas, and others in a case of burning police vehicles near Lahore’s corps commander residence. The judge gave a last opportunity to the investigating officer to complete the investigation of the case.

The judge observed that the court would decide the bail petitions on merits if the police failed to submit their investigation report at the next hearing.

The judge adjourned the pre-arrest bail of the suspects till Aug 7.

The judge also adjourned the bail petitions of PTI Punjab President Dr Yasmin Rashid, former governor Omar Sarfraz Cheema, and former provincial minister Mian Mahmoodur Rashid in the cases of the May 9 violence.

Published in Dawn, July 21st, 2024