ISLAMABAD: The Islamabad High Court (IHC) Wednesday asked the authorities to apprise it who ordered to keep former premier Imran Khan at Attock jail instead of Adiala as directed by the sessions court.
Chief Justice IHC Aamer Farooq also instructed the assistant advocate general to find out about the authority responsible for determining prisoner transfers and submit a report by August 11 (Friday) during the hearing of the Pakistan Tehreek-e-Insaf (PTI) chairman’s plea seeking transfer from one prison to another following his arrest on August 5 in the Toshakhana case.
The petition put forth by Khan seeks his relocation from the Attock jail to the Adiala jail and requests A-Class amenities, along with permission for a medical assessment from his personal physician, Dr Faisal Sultan.
Khan has also appealed for the court’s authorisation to meet with his legal team, family and senior party members.
Chief Justice Aamer Farooq noted during the proceedings that due to the absence of a jail in Islamabad, detainees are accommodated in Rawalpindi’s Adiala jail.
However, he inquired about the method of sending a prisoner to the jails.
According to the conviction orders issued by Judge Humayun Dilawar, the PTI chief was supposed to be sent to the Adiala jail in Rawalpindi. However, the former prime minister, who was ousted from office following a no-confidence motion in April last year, was taken to Attock instead.
Khan’s lawyer, Advocate Sher Afzal Marwat, told the court that the government has the power to shift a prisoner to any jail in Punjab.
“Nawaz Sharif’s request for transfer to Kot Lakhpat jail was approved,” Justice Farooq remarked.
PTI chief’s counsel 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.
“Chairman PTI has been kept in a cell instead of barracks,” Advocate Marwat said, adding that the former prime minister also complained of rainwater seeping into his cell.
Informing the court about the delay in scheduling the PTI chief’s meeting with his lawyers, Advocate Marwat said Khan was not allowed to meet with his counsels despite a court order issued yesterday (Tuesday).
“Did they give any reason for not [scheduling] the meeting?” the IHC chief justice asked the counsel.
“Meeting time is till 6:00pm, while the order was issued late,” the lawyer replied.
He further complained that Khan’s other lawyer, Naeem Haider Panjotha, was grilled by the Federal Investigation Agency (FIA) for “nine hours” on Tuesday under the guise of an investigation. He also told the court that Khawaja Haris has also been summoned by the FIA. Marwat termed the detentions “illegal”.
The chief justice, after hearing the counsel’s complaints, remarked that no one should be harassed in the name of investigation. He also said that a prisoner should be given the rights specified in the law.
“Everyone has rights. An appointment with a lawyer cannot be refused,” Justice Farooq remarked.
Addressing Khan’s lawyer, the chief justice insisted that it doesn’t become a political issue and that the premises should not be crowded.
“One by one, two or three lawyers should go together,” he said.
While Marwat requested the court to conduct a hearing of the case tomorrow (Thursday), the IHC top judge adjourned it till August 11 citing absence due to his ill health.
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