ISLAMABAD: A local court on Monday ruled that keeping in view the security report of Adiala jail authorities the trial of the illegal Nikkah case against Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi to be held at a place which is comparatively more safe and secure including Adiala jail.
The civil judge, Qudratullah, while announcing its reserved order following the submission of Adiala jail superintendent’s report, in its three-page order said that as per the report submitted by Superintendent Adiala Jail respondent no 01 is a former prime minister of Pakistan, therefore, this court considers that the forcing of attendance of said respondent before this court may ensue danger to his life as well as all those litigants who attend proceedings before various courts in their cases.
It is pertinent to be mentioned here that the same court during the previous hearing ordered Adiala superintendent to produce Khan before it.
It says that the security situation in the District Courts Complex, Islamabad may become highly dangerous and make the entire complex vulnerable to any sought of adventure by miscreants.
Keeping the above facts in mind, this court considers that it will be appropriate to hold the trial of Khan at a place which is comparatively more safe and secure, as decided by the federal government, including holding of trial at Adiala jail, Rawalpindi, it says.
Keeping in view compelling circumstances, this court orders the holding of the trial of respondent in terms of proviso to sub section (1) of section 352 of the Code of Criminal Procedure read with Rule-III in Part-A of Chapter-I, Volume-III of Lahore High Court, Rules and Orders (As applicable) at a place to be decided by the federal government as per law and procedure including Adiala jail.
The order says that as the trial against Bushra Bibi (respondent No 02) cannot be separated from the trial of Imran Khan, therefore, the trial of the said respondent shall also be conducted in jail premises subject to the concurrence of the federal government in light of the provision of law supra.
It is, however, clarified that in terms of section 352 CrPC, the trial of respondent shall be an open trial and upon received of this sanction of the federal government and concurrence of Jail authorities, the learned counsel for respondents and their family members shall be entitled to attend proceedings of the court, it says
Similarly, members of the public and all those who wish to attend the proceedings shall also be allowed to do so. The number of persons attending such proceedings shall be decided by keeping in view the capacity of the courtroom in terms of space. They have to seek permission regarding attending of proceedings as per the procedure laid down in prison rules on the subject. They shall further be bound to adhere to all the legal requirements and must be abided by the rules of the prison and will maintain the decorum of the court, it says.
The order says that the request for exemption of Bushra Bibi was placed on the grounds of her aliment, though the said request is not supported by any medical report of Bushra Bibi, however, in the interest of justice, she is exempted from her personal appearance today.
The learned counsel was directed that no request for exemption shall be entertained on the next date of hearing if the same is not supported by some valid and legal reasons.
Complainant’s lawyer Raja Rizwan Abbasi advocate, Muhammad Usman Riaz Gill, and Khalid Yousaf Chaudhary advocate on behalf of both accused appeared before the court. The court adjourned the hearing of the case till December 22.
Copyright Business Recorder, 2023
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