To Hon’ble the Chief Justice of Pakistan Umar Ata Bandial and his Companion Judges of the Supreme Court of Pakistan
I am writing this letter to you as a brother Judge of India with great grief and anguish in my heart.
As you know, the Islamabad High Court has today suspended the sentence on former Prime Minister Imran Khan in the toshakhana case and ordered hs release on bail. However, he has been rearrested by the FIA in connection with the cypher case against him.
About 150 criminal cases have been filed against Imran Khan ever since he was ousted from power.
If he is rearrested after getting bail in each of these cases it will mean he will have to spend his whole remaining life in jail, even if all these cases are ultimately found to be false and frivolous. Is this justice ?
Apart from that, a fascist reign of terror has been unleashed in Pakistan after the incident of 9th May, with thousands of persons arrested and imprisoned, often after the security aqencies broke into their houses and vandalised them, many tortured, beaten and ‘disappeared’, while you have turned a Nelson’s eye on these horrors and atrocities.
You, Brothers/Sister took a solemn oath to uphold the Constitution and protect the fundamental rights of life and liberty of the people, but it seems to me you care only for your salaries, perks and pensions, and have forgotten your duties.
After the shameful Munich Pact of 1938, Winston Churchill, who later became Prime Minister of England, accused the then Government of Neville Chamberlain quoting from the Bible ” Thou art weighed in the balance, and found wanting ” ( Daniel 5.27 ).
The same can be said about you.
Now if there is still some sense of honour and dignity left in you, please use your suo motu powers and immediately issue these orders ( after giving a few days time and a very short hearing to the government counsel ) :
(1) Imran Khan is released on bail in all the cases against him and will not be rearrested, on condition of his giving an undertaking not to leave Pakistan without permission of the Court
(2) All cases against him are clubbed and put up before a single court
(3) All persons arrested in connection with the incident of 9th May are released on bail forthwith, and adequate compensation is granted to them.
(4) All PTI leaders and workers are released on bail forthwith, and will not be rearrested.
(5) Officials responsible for the atrocities on the people ( and for filing false cases against Imran Khan and others ) are forthwith suspended and chargesheeted ( modalities can be worked out after consulting prominent lawyers known to be upright ).
(6) A firm date not later than 15th of November is fixed for holding national parliamentary elections, and sufficient funds will be released for this purpose by the State Bank of Pakistan, and all security provided to ensure free and fair polls. All those disobeying this order will be sent to jail forthwith for contempt of court.
Justice Markandey Katju
former Judge, Indian Supreme Court