ISLAMABAD: The Islamabad High Court (IHC) sought response from the authorities to apprise who had ordered to keep Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in Attock Jail instead of Adiala Jail as directed by the sessions’ court.
A single bench of Chief Justice Aamer Farooq, on Wednesday, issued the directions while hearing Khan’s petition seeking directions to transfer him from Attock district prison to Adiala Jail.
In his petition, Imran Khan’s counsel invoked the constitutional jurisdiction of the IHC for the transfer of his client from Attock Jail to Central Jail Adiala, Rawalpindi and for all the facilities as per his entitlement under the relevant law.
The counsel for the petitioner contended that the petitioner is currently serving a sentence awarded by Additional Sessions Judge, Islamabad vide order dated August 5. He contended that the Court orders were for Central Jail Adiala, Rawalpindi, whereas, the petitioner has been confined at Attock Jail without any justification or basis.
He also argued that the petitioner is also not being afforded a class in prison to which he is entitled under the law, and access to family and lawyers.
On the court’s call, additional attorney general Imran Shaukat Rao Punjab, Syed Ahsan Raza Kazmi, DAG and Zohaib Hassan Gondal, State Counsel appeared before the Court and sought time for obtaining instructions.
Acceding to their plea, the IHC bench issued notices and sought their reply. It added: “Meanwhile, the petitioner shall be provided all the facilities to which he is entitled under the Jail Manual, as well as, other relevant laws.”
During the hearing, the IHC bench also directed the assistant advocate general to find out about the authority responsible for determining prisoner’s transfer and submit a report by August 11 (Friday).
Justice Aamer said that due to the absence of a jail in Islamabad, prisoners are accommodated in Rawalpindi’s Adiala jail. However, he inquired about the method of sending a prisoner to the other jails.
According to the conviction orders issued by Judge Additional District and Sessions Judge Humayun Dilawar, the PTI chief was supposed to be sent to the Adiala jail in Rawalpindi. However, the former prime minister was taken to Attock jail instead of Adiala jail.
At the outset of the hearing, Imran’s counsel told that a day ago, the IHC bench had granted the legal team permission to meet the PTI chief while hearing the same plea. He added that when they went to the (Attock) jail yesterday, they were not allowed to meet Imran despite the court’s order.
At that, the IHC chief justice asked that did they give any reason for not holding the meeting. The counsel replied that the meeting time is till 6:00pm, while the order was issued late.
Then, Justice Farooq asked that if there were specific timings for meeting prisoners. Marwat answered that the meetings were allowed till 6pm. The lawyer also raised the issue of Naeem Haider Panjotha, Imran’s spokesman on legal affairs, being summoned by the Federal Investigation Agency. Imran’s counsel further informed the IHC that Panjotha was summoned yesterday (Tuesday) and today (Wednesday), Khawaja Haris, Imran’s lead counsel in the Toshakhana trial, has been summoned.
The IHC CJ said the matter had come to his knowledge and investigations do not mean harassing someone. He added, “I will look into the matter on the administrator side.”
He then asked who decides that a person is not to be sent to Adiala Jail but to another jail. He added that Mian Nawaz Sharif had requested and he went to Kot Lakhpat Jail.
Sher Afzal Marwat advocate, the counsel informed the court that the government has the power to shift a prisoner to any jail in Punjab. He said that Khan can get an A-Class facility as per jail rules, but since District Jail Attock is not A-Class, he is being kept there and that too in solitary confinement. He further said that the PTI chairman has been kept in a cell instead of barracks.
Later, Justice Aamer said that he will issue an order regarding permission for the legal team to meet Imran and deferred the hearing till August 11 (Friday).
In this matter, Imran Khan’s counsel Monday moved the Islamabad High Court (IHC) requesting it to transfer the former prime minister from Attock district prison to Adiala Jail.
Copyright Business Recorder, 2023
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