IHC bench headed by CJ Amer Farooq rejects PTI Chairman’s plea seeking immediate suspension of sentence in Toshahkana case
Bench wants to know who ordered to keep Imran Khan at Attock jail
The lawyer also went on to claim that his clerk was allegedly harassed at the IHC and the Supreme Court premises.
CJ IHC Aamer Farooq acknowledged that he had also come to know of the incident and that “we will look into it”.
ISLAMABAD ( Web News )
Two-member bench of the Islamabad High Court (IHC) headed by CJ IHC Aamer Farooq and Justice Tariq Mehmood Jehangiri on Wednesday refused to grant Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan relief in the Toshakhana case as his application seeking the immediate suspension of his sentence was rejected by the court.
Chief Justice IHC Aamer Farooq remarked that the matter would be fixed for hearing within the next four to five days and the court then proceeded to issue notices to concerned parties.
A petition challenging a trial court’s verdict in the Toshakhana (gift repository) case against the PTI chief was filed on Tuesday by lawyers Khawaja Haris Ahmad and Barrister Gohar Ali Khan on behalf of the former premier. “The decision of the trial court in the Toshakhana case is against the law,” stated the plea seeking for the verdict to be annulled.
Imran Khan had requested the high court to issue an order for his release by suspending the sentence pending the decision on the central appeal.
During the proceedings on Wednesday, Khawaja Haris argued that the trial court had announced its verdict without allowing him the opportunity to plead Imran Khan’s case.
“The IHC had pronounced its verdict concerning the maintainability of the reference within seven days. On the third day, I said that I would present my arguments on Monday which would have been the fifth day [of the proceedings]. But, the trial court pronounced its verdict without hearing us,” he regretted.
The lawyer also went on to claim that his clerk was allegedly harassed at the IHC and the Supreme Court premises. “My clerk was harassed and not allowed to file applications. An application against this was also filed with the apex court,” he said.
CJ IHC Aamer Farooq acknowledged that he had also come to know of the incident and that “we will look into it”.
PTI lawyer Sardar Latif Khan Khosa also lamented the “hastiness” displayed in the trial court proceedings saying that “this has never happened that an issue was pending at a high court and the trial court pronounced its verdict. This is the equivalent of making a mockery of the judiciary.”
Khosa made these remarks while making a reference to the plea filed with the IHC whereby the PTI chief had claimed that his right to defence was being denied to him at the lower court.
The court rejected the request for suspension of the sentence today but issued notices at the request of the PTI chief’s legal team. The lawyers also requested the court to fix the matter for a hearing on Thursday (today).
“It is not possible to hear the matter tomorrow,” said CJ Farooq but he assured them that the case would be heard within the next few days.
The court 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 Imran 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.
Imran Khan has also appealed for the court’s authorisation to meet with his legal team, family and senior party members.
Chief Justice IHC 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.
Imran 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 Imran 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 Imran Khan was not allowed to meet with his counsels despite a court order issued on 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 Imran 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.
Meanwhile, two of Imran Khan’s lawyers, Marwat and Advocate Umair Khan Niazi, were booked by the Rawalpindi police late last night for threatening and attacking the Attock Jail staff.
Filed by Attock District Jail Deputy Superintendent Afzaal Ahmed Waraich, the first information report (FIR) invokes sections 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty) and 506 (punishment for criminal intimidation) of the Pakistan Penal Code.
In the complaint, Waraich said that at around 8:40pm last night, the in-charge of a police picket near the civil judges’ residence informed the jail control room that Niazi had arrived there to have the jail officials receive the IHC’s order from yesterday.
While two jail officials went to receive the court orders, Marwat had also reached the police picket, the FIR said. It added that both lawyers then demanded the jail officials allow them to meet Imran immediately so they can receive his signatures for legal requirements.
The complaint further said that the jail officials informed the lawyers that the jail had been locked, after which no one could be allowed to meet any imprisoned person.
It went on to allege that subsequently, both lawyers got “extremely enraged” and “misbehaved with and attacked” the complainant. The lawyers also tore the clothes of Abrar Khan, a jail head warder, and threatened with “serious consequences”, the FIR stated.
Adding that the police officials present at the picket were eyewitnesses to the incident, the complainant asked for strict legal action to be taken against both lawyers.
It is worth mentioning here that earlier this week the former prime minister was awarded a three-year jail term by Additional District and Sessions Judge (ADSJ) Humayun Dilawar, in the case filed by the Election Commission of Pakistan (ECP) for concealing Toshakhana gifts he had retained.
Following the conviction, the judge issued his arrest warrant, which was complied with in Lahore. After the arrest, the PTI chief was initially being shifted to the Adiala Jail in Rawalpindi by road amid tight security.
However, because of security concerns, the plan was changed. Later, the police convoy carrying the PTI chief was diverted from Islamabad Motorway at 26 roundabout to the Attock Jail via Hasan Abdal.