In the written verdict, a copy of which is available with Dawn.com, the top court said that the execution of NAB’s arrest warrant violated the petitioner’s right of access to justice and “the sanctity and safety of the court as he had already surrendered to the court for seeking judicial relief against the action taken by NAB in the Al-Qadir Trust case”.

In this regard, it highlighted that the fundamental rights of the petitioner under Articles 4, 9, 10-A and 14 of the Constitution had been infringed.

“The petitioner is directed to be produced before the Islamabad High Court tomorrow i.e. 12.05.2023 at 11am for hearing of his Writ Petition filed to challenge the NAB action against him in the Al-Qadir Trust case.

“The NAB authorities and the ICT Police shall ensure foolproof security to the petitioner until his production in the Islamabad High Court in this regard,” the court order stated.

The apex court also directed the registrar of the IHC to place the matter before IHC CJ Justice Aamer Farooq for the constitution of a bench to hear the case.

It went on to say that to secure Imran’s security until his appearance at the IHC tomorrow, he “shall remain in the premises where he is presently retained in police custody, namely, the Police Lines Guest House, H-11, Islamabad (Police Guest House)”.

[…]

Imran asks supporters to remain peaceful

During the hearing today, Imran said that no harm should be caused to the country and asked his supporters to remain peaceful. “We only want elections in the country,” he maintained.

The PTI chief stated that he was told by his lawyers a day earlier that “there is anarchy in the country” and asserted: “We don’t want anarchy in the country.”

[…]

The hearing

[…].

Subsequently, the court ruled that Imran’s arrest was “illegal” and directed the PTI chief to approach the IHC. “You will have to accept the high court’s decision,” the top judge said, reiterating that Imran had to appear before IHC tomorrow (Friday).

Justice Mazhar said that the SC would direct the high court to fix a hearing for 11am tomorrow, while the CJP stated that Attorney General for Pakistan (AGP) Mansoor Usman Awan would be the guarantor for security.

[…]

“We don’t want you to be harmed,” Justice Bandial said. “Imran Khan will stay at the guest house as a guest [and] his protection would be the government’s responsibility,” he added.

“The case will resume from where the matters became complicated,” the top judge remarked, adding that a written order will be issued soon.

At the outset of the hearing — which commenced a little after 2pm — one of Imran’s counsels, Hamid Khan, came to the rostrum and informed the apex court that his client had approached the Islamabad High Court (IHC) for pre-arrest bail.

[…]

The CJP asked Imran’s counsel about the number of Rangers personnel who had carried out the arrest of the former premier. Imran’s lawyer responded that “100 rangers personnel entered court premises” in order to arrest the PTI chief.

“What dignity remains of the court if 90 people entered its premises? How can any individual be arrested from court premises?” he asked.

“In the past, action has been taken against lawyers for vandalism inside the court,” he observed. “If an individual has surrendered to the court, then what does arresting them mean?”

He further said that NAB 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 added.

CJP Bandial emphasised that courts should be accessible to everyone for relief and that individuals should feel safe to approach the courts.

Imran’s lawyer then demanded that his client be released from NAB custody, stating that the arrest was made without an investigation officer present.

The chief justice noted that the court was currently examining the manner in which the arrest was conducted and whether contempt had taken place.

[…]

“No one can be arrested from the Supreme Court, a high court or an accountability court,” the CJP said.

Imran’s lawyer Hamid said that if that the party would not have approached the SC if the PTI chief had been arrested from outside his home or outside the court.

Here, Justice Mazhar asked if Imran had responded to the NAB notice, to which the lawyer replied in the affirmative.

“According to the law, an arrest cannot be made when an inquiry is still being carried out,” Hamid said.

[…]

But Justice Minallah said that NAB had “not learnt its lessons”. He observed that NAB had been accused of many things, including “political engineering”. “Had NAB taken permission from the registrar?” he asked, adding that a letter had been written to the interior ministry for the warrant’s execution.

[…]

Via https://www.dawn.com/news/1752306/sc-orders-immediate-release-of-imran-after-terming-arrest-unlawful