Justice Tariq Saleem Sheikh says suspect cannot be forced to undergo a photogrammetry test
The Lahore High Court (LHC) on Thursday annulled physical remand of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in a dozen May 9 cases related to violent protests broke out in many parts of the country last year.
A two-member bench comprising Justice Tariq Saleem Sheikh and Justice Anwar-ul-Haq Pannu reserved the verdict while hearing the petitions challenging the former prime minister’s physical remand.
The high court also declared as null and void the notification of the PTI founder’s court appearance via the video link.
During the hearing today, Justice Saleem said that the suspect cannot be forced to undergo a photogrammetry test.
Meanwhile, Justice Pannu questioned Prosecutor General Punjab Farhad Ali Shah when he got the idea of using modern devices. The prosecutor, responding to the judge’s query, said that the facility to conduct the photogrammetry test was inside the jail and it would be an injustice to not give the prosecution a “full chance”.
“At the end, the prosecution is blamed that it failed,” Shah added.
The prosecutor told the court the investigation would be impossible without the recovery of mobile phone through which the tweets were posted and WhatsApp messages were sent.
At this, the Justice Pannu asked how will the mobile be recovered when the suspect is in jail.
The PTI founder filed petitions against the anti-terrorism court’s (ATC) verdict, saying that it did not assess the records properly when granting police Khan’s physical remand.
An ATC in Lahore last week had approved a 10-day physical remand of the PTI founder in 12 cases related to the May 9 riots.
He was remanded in five cases of Sarwar Road police station, three cases of Gulberg police station and one case each of Race Course, Shadman, Mughalpura and Model Town police stations.
LHC discards PTI founder’s plea against military custody
In another development today, PTI founder Khan moved the Punjab’s top court to avert his potential detention by the military in connection with the May 9 cases.
However, Justice Tariq Saleem Sheikh discarded his plea, upholding the objection raised by the Registrar’s office.
The registrar of the court objected that the power of attorney submitted to the LHC was not signed.
Khan pleaded with the LHC to direct authorities to keep him under the jurisdiction of “civilian courts”.
The PTI founder, in his petition filed by his counsel Aziz Karamat, nominated the federal government and the inspectors general of police of all provinces as respondents.
