Supreme Court of Pakistan Dismisses Appeal for Imran Khan’s Physical Remand

Islamabad:The Supreme Court of Pakistan has dismissed the appeals filed by the Punjab government seeking physical remand of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan. The court ruled that the Punjab government could approach the trial court for further proceedings, emphasizing that the matter is under the jurisdiction of the trial court.

The court’s decision came after the Punjab government’s Special Prosecutor, Zulfiqar Naqvi, argued that they required Khan’s cooperation for conducting three crucial tests, including polygraph, photographic, and voice-matching tests. However, the court raised concerns regarding the timing of the request, particularly since it had been over a year and a half since Khan’s arrest. Justice Hashim Kakar questioned how a detainee could refuse to cooperate when already in custody.

“After one and a half years, a physical remand cannot be granted. How can a person in custody not cooperate?” Justice Kakar remarked. The court also pointed out that the trial court had initially granted physical remand, but the Lahore High Court had later dismissed it with detailed reasoning. Therefore, the appeal for physical remand was now rendered ineffective.

During the proceedings, Justice Kakar shared a poignant example of a person who had been wrongfully detained in a death cell for eight years before being exonerated. “We have seen cases where justice is delayed, but it must always be delivered,” Justice Kakar said.

Imran Khan’s lawyer, Salman Safdar, presented arguments suggesting that the prosecution had failed to conduct the necessary tests and had not arrested Khan until 14 months after the filing of the First Information Report (FIR). He also argued that Khan’s legal team was not informed about the remand hearing, and the remand had been granted through a video link instead of presenting the accused in person.

The Special Prosecutor insisted that the government simply sought Khan’s cooperation and was not asking for his physical transfer from jail. “We just want him to cooperate with the investigation,” said Naqvi.

In its order, the Supreme Court noted that the prosecution remains free to approach the trial court for conducting the tests, but emphasized that Khan’s legal team could raise objections at the trial level.

The court’s ruling has added another twist to the ongoing legal battle surrounding Imran Khan, as his legal team continues to challenge the proceedings.