ISLAMABAD:
The country’s top judge has noted that the Lahore High Court (KHC) has not only discussed merits of the cases filed against former prime minister Imran Khan in connection with May 9 rioting incidents but has also given conclusive opinion on them while rejecting his bail pleas.
“The question is whether merits of a case can be brought under discussion in a bail matter,” Chief Justice of Pakistan (CJP) Yahya Afridi asked on Tuesday while hearing the PTI founder’s appeals against an LHC order.
A division bench of the LHC led by Justice Shahbaz Ali Rizvi on June 24 rejected Imran Khan’s bail applications in eight different May 9 rioting cases.
In its order, the LHC stated that the former PM was involved in hatching a conspiracy to attack military installations in case of his possible arrest as two police officials had given testimonies to that effect.
The PTI founder challenged the order in the Supreme Court, whose three-member bench led by CJP Afridi comprising Justice Muhammad Shafi Siddiqui and Justice Miangul Hassan Aurangzeb took up the matter on July 29.
During the proceedings on Tuesday, Special Prosecutor Zulfiqar Naqvi argued that he had not been issued any notice by the court in this case. The CJP said a notice would be issued to him today.
CJ Afridi noted that the LHC in its decision on the bail had discussed the merits of the case and even given a conclusive opinion. He questioned whether such findings could be given in a bail decision.
He directed the parties to prepare arguments on the specific legal point of whether a conclusive opinion on merits can be given in a bail decision.
The CJ noted that prior to clarification of that point, no party to the case would not be allowed to present arguments on the merits, as the case is still pending at anti-terrorism courts (ATCs).
Imran’s lawyer Advocate Salman Safdar suggested that it would be better if the hearing were scheduled earlier, but the court adjourned the case till August 19.
