ISLAMABAD: The Islamabad High Court (IHC) allowed four lawyers of Pakistan Tehreek-e-Insaf (PTI) to meet former Prime Minister Imran Khan in Adiala Jail.
A single bench of Justice Arbab Muhammad Tahir, on Thursday, heard PTI founder Imran Khan’s petition. The Court in the last hearing had summoned superintendent Adiala jail to appear in person before the court.
It issued notices to the Attorney General for Pakistan (AGP) to assist the court in a petition challenging a notification of the Punjab government imposing a two-week ban on all public visits, meetings, and interviews at Rawalpindi’s Adiala jail citing “security” threats.
During the hearing, the counsel for the petitioner, Sher Afzal Marwat and the Superintendent, Central Prison, Rawalpindi were afforded an opportunity to arrive at an amicable resolution of the matter, and the Court took a short break.
When the matter was again taken up, the counsel stated that he would be satisfied if the respondent was directed to comply with the directions issued by a Division Bench of this Court vide order, dated 26.10.2023, in ICA No336/ 2023.
He further stated that the names of four lawyers have been provided to the superintendent Central Prison who would meet the petitioner. The respondent superintendent submitted that if directions are issued regarding compliance with the order, dated 26.10.2023, passed in ICA No336/ 2023, he will have no objection and the said order will be complied with as he was already complying with the same.
Sher Afzal; however, submitted that in consultation with the superintendent Adiala Jail, a mechanism will be devised regarding meetings of persons with the petitioner-Imran Ahmed Khan Niazi.
Justice Arbab noted in its order that as it may be, the Superintendent Central Prison, Rawalpindi shall comply with the order, dated 26.10.2023, passed in ICA No336/ 2023 and allow the four lawyers (whose names have been provided by the counsel) to meet the petitioner, Imran Ahmed Khan Niazi, today.
He added that the instant petition raises legal questions which are required to be considered and adjudicated, i.e.; “Whether a person’s right to consult and be defended through a legal practitioner of his choice, guaranteed under Article 10(1) of the Constitution is circumscribed by conditions and can be taken away arbitrarily? Whether order, dated 26.10.2023, passed by a Division Bench of this Court in ICA No.336/2023 has attained finality? If yes, whether the said order can be nullified through an executive order? (iii). Whether the Superintendent Central Prison, Rawalpindi can refuse to obey orders of the High Court on the pretext of a purported executive order of his superiors.”
The IHC bench also noted, “The matter involves interpretation of the Constitutional provisions; therefore, it issued notice to Attorney General for Pakistan under Order XXVII-A CPC to assist the court in a petition challenging a notification of the Punjab government imposing a two-week ban on all public visits, meetings and interviews at Rawalpindi’s Adiala jail citing “security” threats.” After issuing the directions, the IHC deferred the case until March 20.
Copyright Business Recorder, 2024
Comments
Comments are closed.