The Supreme Court on Wednesday dismissed the Punjab government’s petition seeking physical remand of PTI founder and former Prime Minister Imran Khan, stating that the provincial authorities may instead approach the trial court if they wish to pursue the matter.
Imran Khan, 71, is currently incarcerated at Adiala Jail in Rawalpindi following convictions in several cases, including the Toshakhana references, the cipher case, and the Iddat case — the latter of which also involves his wife, Bushra Bibi.
The Punjab government had moved the apex court after the Lahore High Court (LHC) in July 2024 rejected its request to remand Khan in connection with over a dozen cases linked to the May 9 riots.
During Wednesday’s hearing, a three-member bench led by Justice Hashim Kakar questioned the validity of the request, noting that over 18 months had passed since Khan’s arrest.
“With so much time having elapsed, the question of physical remand does not arise,” remarked Justice Kakar.
In response to questions, the provincial government’s counsel stated that the remand was sought to carry out photographic, polygraphic, and voice-matching tests. The lawyer further claimed that Imran Khan was not cooperating with the investigations.
Justice Kakar, however, clarified that the petition was for physical remand, not specifically for tests. “If he is in your custody, how is he not cooperating?” he asked.
Kakar also pointed out that while the trial court had initially granted the remand, the LHC overturned that decision with detailed reasoning. “This petition has become ineffective,” he concluded.
Justice Salahuddin Panhor joined in the questioning, asking whether the government had submitted any digital evidence, such as a USB, and suggesting it undergo forensic analysis if so.
Representing Imran Khan, lawyer Salman Safdar argued that the prosecution sought a 30-day remand without producing his client in person, opting instead for a video link appearance. “The High Court rejected the remand on this basis,” he said.
Safdar further noted that despite the FIR being filed over a year ago, the prosecution made no arrests or conducted any tests during that time. “After my client was acquitted in other cases, he was arrested again under this one,” he added.
He also highlighted that the High Court had found the prosecution’s request for a polygraph test unconvincing.
Justice Kakar referenced a recent case he had heard, where a man spent eight years on death row before being acquitted. He asked the government lawyer, “Have you ever been inside a death cell?”
Justice Panhor added, “These kinds of tests have never been conducted even in murder or adultery cases. We expect you to act with the same urgency in cases involving ordinary citizens.”
Ultimately, the Supreme Court dismissed the Punjab government’s petition on the grounds that it was no longer relevant. However, it ruled that the provincial authorities still retain the option to approach the trial court for remand — a move Imran Khan’s legal team has the right to contest.
