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The Supreme Court of Pakistan has ordered the release of Imran Khan

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Pakistan’s Supreme Court on Thursday ordered the release of former Prime Minister Imran Khan, marking a major victory for the former leader who was arrested this week as part of a corruption investigation and an escalating political crisis that has engulfed the country.

The court ruled that the authorities had acted unlawfully arrested Mr. Khan, who was in a hearing on Tuesday when he was taken into custody, stressed that security forces must get permission before making an arrest on the court grounds. His lawyers challenged the legality of the arrest on Thursday morning and asked for his release.

The court’s decision left open the possibility that Mr. Khan could be arrested again under different circumstances. Still, the ruling was widely regarded as a political and legal victory for Mr Khan, whose supporters have taken to the streets in droves since his arrest. It also sparks direct conflict between the Supreme Court and the Pakistani military, widely regarded as the driving force behind his arrest, analysts say.

Mr Khan, the former international cricket star turned populist politician, was arrested in connection with a property transfer corruption case – allegations he denies. His detention sparked violent protests across the country as thousands of his supporters came to his aid, attacking military installations and clashing with security forces.

The public’s direct confrontations with Pakistan’s powerful military – which has been an invisible force behind the government for decades – were unlike anything the country had experienced in recent memory.

Tensions between Mr Khan and military leaders had increased since he was ousted as prime minister in a vote of no confidence last April. In recent months, thousands of supporters have attended his political rallies, where he has called on Pakistan to hold an early general election, which he intends to take part in. Supporters have also camped outside his home in Lahore, the country’s second largest city, to effectively serve as his bodyguards.

Mr Khan faces dozens of corruption charges, which he and his supporters have characterized as misuse of the justice system by the government, led by Prime Minister Shahbaz Sharif, and the military to keep him out of politics.

Over the past year, Mr Khan has rallied his supporters around allegations that the military orchestrated his impeachment and, most recently, that a senior Pakistani military intelligence general was behind him. a shooting that left him wounded in November.

On Monday, military officials sharply rebuked those allegations and authorities arrested him the next day. Soon after, protesters set fire to and looted military buildings across the country — scenes of violence once considered unthinkable in a country where few dared to directly challenge the military.

The army’s media department released a statement late Wednesday in which they pledged to respond swiftly and “strictly” to protesters who had attacked military installations.

“The facilitators, planners and political rioters involved in these activities have been identified and strict action will now be taken against them,” the statement said. “No one should incite people and take the law into their own hands.”

Since the protests began on Tuesday, authorities have shut down the internet and mobile networks in most of Pakistan, deployed the army in at least two provinces and arrested more than 3,000 protesters. Authorities also arrested more than a dozen key figures in Mr Khan’s political party, including his close aide and former information minister, Fawad Chaudhry, and the party’s deputy chairman and general secretary.

More than 150 officers and personnel were also seriously injured in the clashes in Punjab, the country’s most populous province, police said.

In its ruling on Thursday, the Supreme Court ordered Mr Khan to stay overnight in a police guest house, citing security concerns. He is expected to appear before the Islamabad High Court on Friday and seek bail on a number of cases filed against him – a trial he started on Tuesday but was interrupted by his arrest.

The ruling is the second major Supreme Court decision to contradict the state. Last month, the court ruled that the authorities’ decision to postpone provincial elections in Punjab and Khyber Pakhtunkhwa provinces due to deteriorating security and economic conditions was unconstitutional. The ruling was a blow to the government, which had tried to postpone the vote until October, when a general election is due to take place.

The decisions appeared to pit the country’s judiciary against the state and military – tensions that last flared in 2007 when the country’s then-leader, General Pervez Musharraf, suspended the independent-minded chief justice who was proving willing to legalize cases. challenge the use of power by the state. The judge’s suspension and subsequent dismissal caused an uproar across the country and became a national symbol of General Musharraf’s abuse of power, paving the way for his dismissal.

In the wake of Thursday’s ruling, many in Pakistan anxiously awaited how the state would respond. It is possible that Mr Khan could be arrested again in the coming days in a way that meets the concerns of the court, analysts say. The state can also try to build a case to disqualify it from running in the next general election.

“It is quite clear that the civilian and military leaders would much prefer that Khan not have a chance to return to power,” said Michael Kugelman, director of the South Asia Institute at the Wilson Center. “That suggests that while the state has been stymied by the Supreme Court, it won’t give up.”

Zia ur-Rehman reporting contributed.

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