Supreme Court grants bail to Imran Khan in eight May 9 cases

The Supreme Court (SC) has granted bail to Pakistan Tehreek-e-Insaf (PTI) founder and former prime minister Imran Khan in eight May 9 cases, reported 24NewsHD TV channel.

Earlier in the day, the Supreme Court (SC) reconstituted the bench hearing Imran Khan’s bail cases.

According to details, Justice Miangul Hassan Aurangzeb has been replaced by Justice Hasan Azhar Rizvi. The three-member bench is now headed by Chief Justice Yahya Afridi and also includes Justice Hasan Azhar Rizvi and Justice Shafi Siddiqui.

The reconstituted bench resumed hearing Khan’s bail cases related to the May 9 riots today. 

During the proceedings, Chief Justice Afridi asked Special Prosecutor Punjab Zulfiqar Naqvi whether he had reviewed the Lahore High Court’s (LHC) decision and if a final finding could be given in the bail matter. 

He further questioned whether the principle of continuity would not apply in this case since the Supreme Court had earlier granted bail to some accused in similar conspiracy allegations.

The Chief Justice remarked that the bench would not allow arguments on the merits of the case, directing the prosecutor to confine his arguments to legal questions regarding conspiracy.

“Show us a case where the Supreme Court has rejected bail on conspiracy charges,” Justice Afridi said, adding that the apex court had already granted bail in three such cases.

He further instructed the prosecutor to distinguish his case from others, to which Zulfiqar Naqvi replied that the LHC’s decision carried interim observations and that Ejaz Chaudhry’s case was different from Imran Khan’s. 

However, the Chief Justice observed that the Supreme Court had indeed granted bail to Ejaz Chaudhry on conspiracy allegations, citing three similar precedents. The court later took a recess in the proceedings.

During the hearing, tense moments arose as Chief Justice Yahya Afridi questioned the Special Prosecutor about the distinction between Khan’s case and those of other accused individuals.

The special prosecutor responded that, unlike others who had been granted bail, Imran Khan was present at the scene, and both oral and electronic evidence had been collected against him. 

He further told the court that Imran Khan was not cooperating with investigators and had refused to undergo polygraphic and psychometric tests.

At this point, Justice Shafi Siddiqui inquired whether such tests had been conducted in the past. The special prosecutor replied that they had been used before, citing the SC’s decision in the Noor Muqaddam murder case as an example.

In response, the Chief Justice cautioned the prosecutor not to delve into the merits of the case, warning that Imran Khan’s counsel, Salman Safdar, would then be compelled to argue on the same grounds. 

“We do not want to make any observations that could affect the trial. If the court gives findings at this stage, the case may be compromised,” the CJP remarked.

Member SC bench Justice Shafi Siddiqui noted that accusations against co-accused Ijaz Chaudhry also included presence at the scene and conspiracy charges. The prosecutor, however, argued that, unlike Imran Khan, Ijaz Chaudhry was not physically present.

Justice Hasan Azhar Rizvi then admonished the prosecution, remarking, “You are the prosecutor and yet you are unaware of the basics of the case.”

Chief Justice Afridi further pressed the Special Prosecutor to explain what evidence existed against PTI's Imran Khan. The prosecutor replied that the testimony of three witnesses had been recorded, claiming Imran Khan played a central role in all the cases.

The Chief Justice, however, issued a caution to the prosecutor, saying, “If you go into merits, Salman Safdar will also speak on merits. My responsibility was only to warn you, so now the rest is up to you.”

On this occasion, Chief Justice Yahya Afridi remarked that it is difficult to deny bail in a conspiracy case and granted the bail of Imran Khan in eight cases, overturning the Lahore High Court's decision. He also summoned lawyers from both sides to his chamber for a written decision.

It is also pertinent to mention that today’s hearing came after the case was twice adjourned without any progress. On Wednesday, Chief Justice Afridi postponed the matter when Special Prosecutor Naqvi fell ill due to food poisoning. 

Earlier, the bench comprised Chief Justice Afridi, Justice Shafi Siddiqui, and Justice Mian Gul Hassan Aurangzeb before the recent reshuffle.

Reporter: Amanat Gashkori