LHC Declares Imran Khan's Physical Remand Null and Void

The Lahore High Court has nullified the physical remand verdict of PTI founder Imran Khan in the May 9 cases. The court also invalidated the notification for his appearance via video link, amid legal debates on photogrammetry tests and the impossibility of evidence recovery within prison conditions.

The Lahore High Court (LHC) on Thursday declared that the verdict granting physical remand of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the May 9 cases was 'null and void,' according to a report by Pakistan-based Geo News. A two-member bench, comprising Justice Tariq Saleem Sheikh and Justice Anwar-ul-Haq Pannu, reserved the verdict while addressing petitions challenging Khan's physical remand. Additionally, the court nullified the notification that mandated the former prime minister's court appearance through a video link.

During the proceedings, Justice Saleem underscored that a suspect cannot be compelled to undergo a photogrammetry test. Meanwhile, Justice Pannu questioned Punjab's Prosecutor General, Farhad Ali Shah, about the sudden emphasis on employing modern technology for the investigation. Shah contended that conducting the photogrammetry test within the prison was imperative for an exhaustive probe, warning that the prosecution would otherwise be unfairly blamed for any investigational shortcomings.

Furthermore, Shah argued that the recovery of the mobile phone, used for controversial posts on X and messages on WhatsApp, was crucial for the investigation. In response, Justice Pannu raised concerns over recovering such evidence while the suspect remains incarcerated. This move follows multiple petitions by Khan against the anti-terrorism court's (ATC) decision to authorize his physical remand, asserting that it failed to scrutinize records thoroughly. Last week, ATC had granted a 10-day physical remand for Khan over 12 cases linked to the May 9 riots.

In a bid to avert potential military detention related to the May 9 cases, Khan sought intervention from Punjab's top court. However, Justice Tariq Saleem Sheikh dismissed his plea, validating the registrar's objection regarding unsigned power of attorney. Khan has requested the LHC to ensure his jurisdiction remains under civilian courts. The legal confrontation comes in the wake of nationwide violent protests following Khan's arrest on May 9 last year. He has been imprisoned in Adiala Jail since August 2023 on various charges.

(With inputs from agencies.)