ISLAMABAD:
The Supreme Court on Thursday granted bail to former prime minister Imran Khan on the principle of consistency in eight cases linked to the May 9 riots, overturning an earlier Lahore High Court ruling that had refused him bail.
“The case of the petitioner has to be positively considered in view of the principle of consistency, as others similarly placed have been granted bail by this Court,” said the four-page order authored by Chief Justice of Pakistan Yahya Afridi.
The three-member bench, headed by Chief Justice Afridi, allowed Khan’s petitions against the June 24 decision of the Lahore High Court. The cases stemmed from multiple FIRs registered in Lahore after violent protests that followed Khan’s arrest.
The cases, registered at different police stations including Race Course, Shadman, Mughalpura, Sarwar Road and Gulberg, related to offences under numerous sections of the Pakistan Penal Code, read with section 7 of the Anti-Terrorism Act, 1997, section 16 of the Punjab Maintenance of Public Order Ordinance, 1960, and section 11-B of the Arms Ordinance, 1965.
The order noted the “definite findings recorded by the Lahore High Court in the bail refusal order, which go to the very root of the contested claims of the parties.” However, it added: “Without passing any findings on the legality and veracity of the said findings, our concern at this stage is confined only to the fact that such findings have been recorded at the stage of bail.”
The Court converted the petitions into appeals and allowed them. “The petitioner is granted post-arrest bail in the above-mentioned cases, subject to his furnishing bail bond in the sum of Rs100,000 with one surety in the like amount to the satisfaction of the trial court in each case,” the order stated.
Sarwar Muzaffar Shah, an advocate commenting on the written order, said the ruling reminded him of a tribute to American judge Frank Caprio, whom he had been reading about earlier in the day. “He was loved and respected because he believed that law should serve the people; he did not consider it blind,” Shah said.
Shah added that while the substance of the order was correct, it remained weak. “It follows the motto that law is blind. This order should have been a strong one, considering what is happening in our country — the erosion of judicial independence through executive interference and the weakening of public trust in our justice system,” he said.
“An ideal judicial order is one in which the court demonstrates both judicial acumen and judicial courage. However, this order does not demonstrate either. It shows that the court is characteristically playing too safe. Playing too safe is proving dangerous for the justice system of our country,” he added.
Read More: LHC rejects Imran’s bail in eight May 9 cases
In June, Lahore High Court rejected bail petitions filed by Imran Khan in eight cases linked to the May 9, 2023, riots, prompting sharp criticism from the party, which called the ruling a “blatant miscarriage of justice”.
The decision, delivered by a two-member bench led by Justice Shahbaz Ali Rizvi, followed the conclusion of arguments from both prosecution and defence.
Imran’s legal team had argued that the former prime minister was implicated without credible evidence while he was already in custody and denied any involvement in the violence.
The prosecution claimed Khan incited supporters to target military facilities and cited forensic evidence, including audio recordings, which Khan allegedly refused to verify via voice matching.
Imran, Bushra convicted in £190m case
Earlier this year, an Accountability Court convicted Imran Khan and his wife, Bushra Bibi, in the £190 million case. Imran Khan was sentenced to 14 years in prison, while Bushra Bibi received a seven-year jail term.
Accountability Court Judge Nasir Javed Rana announced the verdict in a courtroom inside Rawalpindi’s Adiala Jail, where Imran had been detained for over a year.
In addition to the prison sentences, the court imposed fines of Rs1 million on Imran and Rs500,000 on Bushra. If the fines are not paid, Imran Khan will serve an additional six months in prison, while Bushra Bibi will face an extra three months.
The verdict also declared that the property of the “sham trust,” Al-Qadir University Project Trust, would be forfeited to the Federal Government in accordance with Section 10(a) of the National Accountability Ordinance, 1999.
The ruling was announced amid tight security outside the jail. Following the verdict, Bushra Bibi was immediately arrested in the courtroom.
ATC sentenced to PTI leaders
Earlier in July, an Anti-Terrorism Court (ATC) in Lahore acquitted six Pakistan Tehreek-e-Insaf (PTI) leaders, including Shah Mahmood Qureshi and Hamza Azeem, in connection with the May 9 riots, while sentencing 10 others, including Dr. Yasmin Rashid, to 10 years in prison.
Later, a special Anti-Terrorism Court (ATC) in Faisalabad sentenced Opposition Leader in the National Assembly Omar Ayub, Opposition Leader in the Senate Shibli Faraz, Zartaj Gul, MNA Sahibzada Hamid Raza, and former MNA Sheikh Rashid Shafiq, among others. In total, 108 PTI leaders were convicted out of 185 implicated in the cases, while 77 others were acquitted.
The ATC in Sargodha also sentenced Opposition Leader in the Punjab Assembly, PTI’s Malik Ahmed Khan Bhachar, along with other party workers, to 10 years in prison each.
May 9 Riots
The May 9 riots erupted nationwide following the arrest of former prime minister Imran Khan, after which PTI leaders and workers staged protests targeting both civil and military installations, including Jinnah House and the General Headquarters (GHQ) in Rawalpindi.
Also Read: Imran involved in May 9 conspiracy, rules LHC
The military condemned the events as a “Black Day” and decided to try the protesters under the Army Act. As a result of the unrest, many PTI members were arrested and tried in military courts. In December, a military court convicted 25 individuals, including Imran Khan’s nephew, Hassan Khan Niazi, and later sentenced 60 more.
In January, 19 convicts had their sentences pardoned following successful mercy appeals, although PTI expressed dissatisfaction over the limited number of pardons.
The military trials had initially been halted following a Supreme Court ruling but were resumed following the court’s instructions to finalise pending cases and announce judgments for those involved in the violent incidents.
