The registrar’s office’s objections to a plea filed by imprisoned PTI founder Imran Khan demanding a judicial commission for the events of May 9 last year were dismissed by the Supreme Court’s (SC) constitutional bench on Tuesday.
After former premier Imran was arrested in a corruption case last year, there were violent protests across the country, with his followers burning and damaging government buildings and military facilities. Following that, the state began a harsh crackdown on his party, arresting thousands of PTI employees and nearly all of the top-level leadership. Many of them are still being held in court on grave accusations.
Imran’s attorney had petitioned the Supreme Court last year to establish a judicial committee to look into what happened on May 9.
In Punjab, Balochistan, Khyber Pakhtunkhwa, and Islamabad, Imran had argued that the claimed imposition of “undeclared” martial law or the summoning of the armed forces was unconstitutional, illegal, and ineffectual, and that all activities conducted under it were null and invalid.
The petition also asserted that there was sufficient manpower to maintain control over the situation indefinitely, claiming that it was clear to any sane spectator that the military requisition was unlawful and beyond its authority.
The hearing on Imran’s case was continued today by a seven-member constitutional bench that includes Justices Aminuddin Khan, Jamal Khan Mandokhail, Naeem Akhtar Afghan, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan.
The bench, led by Justice Aminuddin, overruled the registrar’s office’s arguments and directed that it assign the former premier’s application a number and set a hearing date.
The former premier announced earlier this month that he was organizing a five-member negotiating group on two issues: the release of political prisoners awaiting trial and the creation of a judicial commission. formation of a judicial panel to conduct an open investigation of the incidents that occurred on May 9, 2023, and November 26, 2024.
To engage in negotiations with the government, a five-person negotiation team has been established, consisting of Omar Ayub Khan, Ali Amin Gandapur, Sahibzada Hamid Raza, Salman Akram Raja, and Asad Qaiser.
Hearing
Hearing On behalf of the petitioner, attorney Hamid Khan attended the hearing, stating that the nation should learn what transpired on May 9, as it had been more than a year and a half since the incident.
Hamid stated that the army was called in whenever there was a call for protest, adding that “an undeclared martial law has been imposed in the country.”
“They [military forces] come by themselves in martial law,” Justice Hilali retorted, adding that they were not called. The army was called in under Article 245 during the protests, Justice Mazhar reiterated.
“You have discussed using the military to support the civilian government under Article 245 in your petition,” Justice Mandokhail stated, adding that the Constitution also stated as much.
“By referring to it as martial law, you are making generalizations,” Justice Mandokhail continued.
Hamid was informed by Justice Mazhar that he would need to contest the constitutional authority in accordance with Article 245 of the Constitution.
“How is it possible to refer to an unproclaimed martial law as a constitutional authority? Justice Mazhar questioned, “How can the authority of Article 245 be questioned?”
Hamid was questioned by Justice Mandokhail over the misuse of the article.
Next on the rostrum was Aamir Rehman, the Additional Attorney General (AAG), who asked how the issue was in the public interest. “On this question, arguments have not yet been presented,” he stated.
Justice Aminuddin retorted that the issue had not yet been considered on its merits and that just the registrar’s office’s complaints were being addressed at this time.
“We’ll hear you out. The judge said, “Everyone seems to be in a rush.”
Imran was among the hundreds of people who were booked under the May 9 cases, Hamid added. Hamid remarked, “A party is being pushed against the wall.”
Justice Mandokhail responded by stating that the initial information reports submitted were a matter of law and that the courts will make decisions on them.
Speaking about the application, Justice Hilali noted that even if a judicial commission were established, it would merely delegate accountability. “The criminal cases would not be affected by the judicial commission report,” she continued.
Imran’s attorney said that the issue was not specific to a region but rather the entire nation when Justice Mandokhail questioned Hamid about why he had not taken the case to the higher courts.
“We came to the SC for that reason,” Hamid stated.
According to Hamid, the petition was denied by the registrar’s office because it did not believe it to be in the “public interest.”
He was instructed by Justice Aminuddin to provide compelling arguments for the petition, stating that the registrar’s office’s objections should not be rejected on their face.
“I will satisfy the court if you remove the objections and listen to the case on its merits,” Hamid stated.
The hearing was then indefinitely adjourned after Justice Aminuddin informed him that “you will have to satisfy us about the raised questions when the case is fixed again for hearing.”
Refusal to transfer Imran to KP
Additionally, the bench denied a citizen’s appeal, filed by Qayyum Khan, to move Imran from Adiala Jail to Khyber Pakhtunkhwa.
Justice Mazhar stated at the hearing that he would submit a petition himself if Imran had any problems. “Today, three PTI attorneys will also appear in court; none of them submitted such a petition.”
The prisoner’s relatives or he himself could submit such a plea, said Justice Mandokhail.
In response, the petitioner stated that this was a national problem rather than a personal one.
Justice Mandokhail chastised the petitioner, saying, “You can think about national matters when you become a member of the National Assembly.” The court dismissed the petition and fined the petitioner Rs 20,000.
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