Pak Supreme Court declares Imran Khan's arrest 'illegal', orders his immediate release
Islamabad(PTI): In a major relief for Imran Khan, Pakistan's Supreme Court on Thursday declared the former prime minister's arrest "illegal" and ordered his immediate release after he was produced before a bench on its orders.
The order to produce 70-year-old Khan was issued by a three-member bench, comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Muhammad Ali Mazhar and Justice Athar Minallah.
The bench, which heard Pakistan Tehreek-e-Insaf chairman's plea against his arrest in the Al-Qadir Trust case, expressed anger at the way Khan was taken into custody from the premises of the Islamabad High Court.
The bench had directed the National Accountability Bureau (NAB) to produce Khan by 4:30 pm (local time) when the court would reconvene.
Khan was produced before the court amid tight security. As he entered the courtroom, it was closed, and subsequently, the bench resumed the hearing of the case.
"It is good to see you," Chief Justice Bandial told Khan. "We believe that Imran Khan's arrest was illegal," the top judge said.
He said that the Islamabad High Court should hear the case on Friday. "You will have to accept whatever the high court decides," the judge added.
Bandial also said that it is every politician's responsibility to ensure law and order.
Earlier in the day, Bandial asked how an individual could be arrested from the court premises. Justice Minallah observed that Khan had indeed entered court premises. "How can anyone be denied the right to justice?" he asked.
The court also observed that no one could be arrested from the court without permission of the court's registrar. It observed that the arrest tantamount to denying access to justice without fear and intimation, which was the right of every citizen.
It also said that by entering the premises of a court means surrendering to the court and how a person could be arrested after surrender. "If an individual surrendered to the court, then what does arresting them mean?" the chief justice said.
Khan's counsel Hamid Khan informed that court that his client had approached the Islamabad High Court (IHC) seeking a pre-arrest bail but was arrested by paramilitary Rangers.
"Rangers misbehaved with Imran Khan and arrested him," the lawyer said.
The court also took note of about 90 to 100 Rangers personnel entering the court to arrest Khan. "What dignity remains of the court if 90 people entered its premises? How can any individual be arrested from court premises?" the chief Justice asked.
Chief Justice Bandial also at point observed that the National Accountability Bureau had committed "contempt of court". "They should have taken permission from the court's registrar before the arrest. Court staffers were also subjected to abuse," he said.
Khan was arrested on Tuesday from the Islamabad High Court and an accountability court on Wednesday handed him over to the National Accountability Bureau for eight days in connection with the Al-Qadir Trust case.
The former premier on Wednesday approached the apex court to set aside the warrants of NAB of May 1 for his arrest and to challenge the Islamabad High Court's decision to declare the arrest "unlawful".
Earlier, the IHC expressing anger at the way Khan was nabbed upheld his arrest hours after he was whisked away.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Bhojshala case: Disputed structure built from remains of pre-existing temples, claims ASI
Indore (PTI): The ASI has told the Madhya Pradesh High Court that a massive structure dating back to the Paramara kings' rule existed at the disputed Bhojshala temple-Kamal Maula mosque complex, and the current structure was built from the remains of temples.
The Archaeological Survey of India (ASI) made the claim on Tuesday based on its 98-day scientific survey and over 2,000-page report.
The Hindu community considers Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side claims the monument as the Kamal Maula Mosque. The disputed complex is protected by the ASI.
During the hearing before Justices Vijay Kumar Shukla and Alok Awasthi of the HC's Indore bench, Additional Solicitor General Sunil Kumar Jain, representing the ASI, presented a detailed account of the scientific survey conducted two years ago at the complex.
Referring to the ASI's survey report, he said, "Retrieved architectural remains, sculptural fragments, large slabs of inscriptions with literary texts, Nagakarnika inscriptions on pillars, etc, suggest that a large structure associated with literary and educational activities existed at the site. Based on scientific investigations and archaeological remains recovered during the investigations, this pre-existing structure can be dated to the Paramara period."
It can be said that the existing structure was made from the parts of earlier temples, based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, Jain said quoting the report.
Summarising the report, he also drew the court's attention to the fact that the archaeological study identifies that many architectural components, such as pillars and beams, were originally part of temple structures before being repurposed for a mosque.
"The evidence of this transition includes Sanskrit and Prakrit inscriptions that were damaged or hidden, alongside sculptures of deities and animals that were often mutilated or defaced," Jain contended.
The report also states that "all Sanskrit and Prakrit inscriptions are older than the Arabic and Persian inscriptions, indicating that users or engravers of the Sanskrit and Prakrit inscriptions occupied the place earlier".
In light of the Muslim side's earlier objections, the bench wanted to know why there were some discrepancies in the ASI's responses regarding the status of the disputed complex in the cases filed over the years.
The Additional Solicitor General argued that earlier studies of the complex involved only officials, while the current survey involved scientists and the use of advanced technologies such as Ground Penetrating Radar (GPR).
The hearing in the Bhojshala case will continue on Wednesday.
The high court has been regularly hearing four petitions and one writ appeal regarding the religious nature of the Bhojshala temple-Kamal Maula mosque complex since April 6.
