Will Ex-Pakistan PM Imran Khan Be Jailed? What's the Terror Case Against Him?

The Islamabad High Court did grant the former PM protective bail till Thursday. But how did we even get here?

Former Pakistan Prime Minister Imran Khan.

(Photo Courtesy: Twitter/@ImranKhanPTI)

It is not everyday that a former prime minister will have terror charges slapped against them. In Pakistani politics, however, nothing seems to be out of the question.

In a matter of 72 hours, former Pakistan Prime Minister Imran Khan has been accused of inciting terror; cases have been filed against him; his live speeches have been banned by the country's top media regulator; protective bail has been granted to him, contempt proceedings have been initiated; and his supporters have hit the streets.

Before I deconstruct the events that occurred over the weekend and on Monday, it is important to recap that Khan was ousted from power on 10 April earlier this year by way of a no-confidence vote initiated against him by the Opposition. Some of his own party members, and other government allies, left the ruling coalition, handing over power to Shahbaz Sharif of the Pakistan Muslim League (N).

Ever since, Khan has been referring to the state as an "imported government," and has been demanding renewed elections to prove that he still has the mandate of the people. Keeping all this in mind, here is what has happened so far in the latest political drama that has erupted in the country.

The Arrest of Shahbaz Gill: How it Began

It all began after a senior member of Khan's party (Pakistan Tehreek-e-Insaf), Shahbaz Gill, was arrested on 9 August for "sedition."

He allegedly made "highly hateful and seditious" comments against the Pakistani military on TV, according to the country's media authority, the Pakistan Electronic Media Regulatory Authority (PEMRA).

There are serious allegations of police brutality being meted out against Gill while in custody. "If a political worker [like Shahbaz Gill] can be subjected to such torture, it could happen to anyone," Khan, the chairperson of the PTI, had said to reporters outside Islamabad's Pakistan Institute of Medical Sciences (PIMS). He even tweeted a video of Gill.

"We will leave no stone unturned to find out those responsible & bring them to justice," read the second tweet in his thread.

It is pertinent to note that Khan has also acknowledged that Gill had made a mistake. "He [Gill] shouldn't have said it because it falls under instigating the army [...] it is completely right [...] we want to see army as a strong institution," he had said in an interview with Fereeha Idrees on GNN News.

Nevertheless, in response to Gill's arrest and alleged torture, Khan took out a rally in Islamabad.

Imran Khan's Speech, the FIR, and the PEMRA Ruling

During his speech at the rally held on 19 August, Khan had threatened to file cases against Islamabad's inspector general of police and deputy inspector general of police. "We won’t spare you," he had said.

But he did not stop there. He also threatened the Additional District and Sessions Judge Zeba Chaudhry, who had approved of Islamabad Police's request to hold Gill in remand for two days. The former PM essentially blamed the judiciary for having a "biased" attitude towards the PTI.

In response to his speech, two things happened. Firstly, a case was filed against him on 20 August under Section 7 of the Anti-Terrorism Act regarding his comments at the rally. And secondly, the Pakistan Electronic Media Regulatory Authority in a notice issued on Saturday said that Khan's speeches were in violation of Article 19 of the Constitution and against the code of conduct for media.

Consequently, the live broadcast of his speeches on all satellite TV channels were banned with immediate effect. Recorded versions of his speeches could be shown after proper monitoring and regulation.

Its press release said: "It has been observed that Imran Khan, Chairman Pakistan Tehreek-e-Insaf, in his speeches/statements is continuously alleging state institutions by leveling baseless allegations and spreading hate speech through his provocative statements against state institutions and officers which is prejudicial to the maintenance of law and order and is likely to disturb public peace and tranquility."

The FIR

After an FIR was filed against Khan, his lawyers submitted a petition for protective bail. They argued that he is a "target of the ruling PDM (Pakistan Democratic Movement) for his fearless criticism, and extremely bold and blunt stance against corruption and corrupt politicians," according to Dawn.

The copy of the petition also stated that the "politically motivated FIR" was filed in order to achieve a "malicious agenda, acting in a most unfortunate and clumsy manner, a false and frivolous complaint has been registered against him by the Islamabad Capital Territory (ICT) police at the behest of the incumbent government."

On the other hand, the state has argued that Khan's speech was meant to "terrorize" top police officials and the judiciary so they are deterred from pursuing legal action against any PTI-related individual.

"Terrorism has been spread the country’s peace has been harmed," the magistrate who had registered the FIR at Islamabad’s Margalla police station, added.

Protective Bail and Contempt Proceedings

In some relief to the former prime minister, the Islamabad High Court on Monday granted him protective bail till Thursday. While Khan's lawyers wanted him to get pre-arrest bail, the judge observed that the relevant platform for the same was the anti-terrorism court, thereby ruling out the possibility of pre-arrest bail at this point.

The Pakistani government's interior minister said in an interview to Geo TV that said that if the court grants bail to Khan, then the government will try and get it rejected. "We will ensure that he is arrested from the court. And I believe that the high court will conduct a thorough inquiry against him for threatening the sessions court judge," Rana Sanaullah added.

Finally, the Islamabad High Court decided to initiate contempt proceedings against Khan for his controversial remarks about the sessions court judge Zeba Chaudhry. A bench comprising Justice Mohsin Akhtar Kayani, Justice Babar Sattar, and Justice Miangul Hassan Aurangzeb will most likely hear the case on Tuesday.

Imran's Supporters Hit the Streets

Thousands of supporters of the PTI and the former prime minister hit the streets across the country on Monday to protest his arrest.

PTI leaders Fawad Chaudhry, Hammad Azhar, Asad Umar, Murad Saeed, Omar Ayub Pervaiz Khattak and thousands of party workers gathered at Bani Gala, which is Khan's private residence in Islamabad. A sit-in was organised to protect Khan from getting arrested.

Former Defence Minister Pervaiz Khattak, upon reaching the protest site, said that "nobody can arrest Imran Khan." Other cities like Lahore, Karachi, and Sialkot also saw massive protests.

The drama that is unfolding could be a product of Khan's popularity in the country. The Karachi bypolls, for instance, the results of which came out on Monday, were swept by the PTI. More importantly, his party won a thumping victory over its rivals, most notably the Pakistan Muslim League (N), led by incumbent Prime Minister Shehbaz Sharif, in the Punjab bypolls in July.

At the very least, these bypoll results show that Khan is still very much alive in the political battlefield. If the ruling party starts to resort to dictatorial tactics that appear to be quite clearly targeting Khan, then it may have started digging its own grave.