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• CJP rules out arguments on merit by either side
• Court postpones hearing on ex-PM’s appeals to 19th, issues notice to Punjab prosecution
• Aleema slams ‘trumped-up’ charges against PTI founder, says witnesses also face false FIRs
ISLAMABAD: The Supreme Court on Tuesday questioned how the Lahore High Court (LHC) could touch upon the merits of a sub judice matter while rejecting post-arrest bail to PTI founder Imran Khan in eight cases related to the May 9 violence.
A three-judge bench, headed by Chief Justice of Pakistan (CJP) Yahya Afridi, which had taken up several appeals filed by the former prime minister, asked the Punjab prosecution to come prepared on Aug 19 to address the legal question of how the LHC could discuss the merits of the case in a bail plea and then give its final opinion.
Justice Muhammad Shafi Siddiqui and Justice Mian Gul Hassan Aurangzeb were also on the bench. The court issued notices to the Punjab Prosecution Department before postponing the hearing to Aug 19 after a brief session.
During the proceedings, Special Prosecutor Zulfiqar Naqvi said his department had not been issued any notice in the matter.
The CJP observed that the court would issue a notice, but stressed that the main question was how the LHC could go into the merits of the case while deciding a bail application.
The CJP made it clear that the apex court would not allow either side to argue on the merits since the matter had been still pending before the relevant courts. He emphasised that, due to the pendency of the matter, merits could not be discussed, and directed the special prosecutor to prepare arguments strictly on this legal point.
Advocate Salman Safdar, the counsel for Imran Khan, requested an early hearing, but the court maintained the date of Aug 19.
In his appeal, the ex-premier argued that the prosecution had accused him of orchestrating the May 9 violence through abetment and conspiracy, but that at the time of the alleged offence he was in NAB custody and held incommunicado.
The petition said his involvement in the riots was therefore impossible and cited a Supreme Court ruling that the case of an abettor not present at the scene is on a lower legal footing than that of the principal accused.
On Nov 27, 2024, an anti-terrorism court had denied him bail in eight cases, including the Lahore attacks on Askari Tower at Liberty, PML-N offices in Model Town, Shadman police station, burning of police vehicles near Jinnah House, and violence at Sherpao Bridge. The LHC later also rejected his bail plea.
The appeal described the case as part of an unprecedented campaign of political victimisation against Imran Khan since his ouster two years ago, based solely on vague and unsupported allegations of abetment without any evidence linking him to the incidents.
Trumped-up charges
Speaking to the media after the proceedings, Imran Khan’s sister, Aleema Khan, expressed gratitude that the Supreme Court had fixed the bail plea for Aug 19. She said PTI had been “running from pillar to post” at the Islamabad High Court, but the IHC chief justice was not hearing the cases concerning the PTI founder.
She denounced what she described as trumped-up charges against Imran Khan, saying the witnesses in these cases were themselves facing fabricated FIRs. She called for exemplary punishment of at least 10 years for such witnesses, adding that her brother was in NAB custody at the time of the May 9 incidents.
She said it was the responsibility of the SC to determine the truth, noting that the apex court had already decided to focus on the legal aspect rather than the merits. She said that none of the convictions related to May 9 had been based on merits.
She further said that applications had been filed in the IHC to allow Dr Asim and Dr Faisal Furqan from Shaukat Khanum Memorial Hospital to examine Imran Khan. She said that her younger sister, who recently met Imran Khan in jail, said he appeared in good spirits and in good health.
Published in Dawn, August 13th, 2025
