ISLAMABAD: Islamabad High Court (IHC) Chief Justice Aamer Farooq on Wednesday sought the notification related to the detention of PTI Chairman Imran Khan in Attock jail, even after the suspension of his sentence in the Toshakhana case.

He was hearing the petitions filed against the shifting of Mr Khan from Adiala jail to Attock prison, lack of proper facilities and detaining him in Attock jail in connection with cipher case.

The prosecutor from the FIA requested a week’s time to submit a reply to the petitions.

Mr Khan’s counsel Sher Afzal Marwat argued that the prosecution took the stance before the trial court that since the petition related to cipher case was pending before the IHC, therefore, the lower court could not proceed on the bail plea.

Marwat alleges PTI chief was shifted to Attock jail because it lacks facilities

Chief Justice Farooq asked whether the notification for jail trial of Mr Khan was issued for Aug 30 only, the prosecutor Zulfiqar Abbas Naqvi replied that the court was shifted to Attock to pass an order on the remand of Mr Khan and the trial court is competent to take a decision to continue the trial in accordance with the law.

Advocate Marwat asked whether another notification would be issued before the next date of cipher case on Sept 13. The prosecutor said that he would inform the court after seeking instructions from the FIA before the next hearing.

Justice Farooq remarked that the next hearing would be fixed before the said date. He observed that the notification for the jail trial could be issued by the interior ministry, but in this particular case, it was issued by the law ministry.

Mr Khan’s counsel insisted that the government might be restrained from issuing further notification for trial of PTI chairman at Attock Jail. He expressed apprehensions that the notification might be issued even before the next IHC hearing.

CJ Farooq remarked that it would not make any difference as the court would examine this in accordance with the law.

Mr Khan’s counsel requested the IHC CJ to direct the trial court to hear the bail plea as the trial judge was waiting for the outcome of the petition pending in the high court, adding that since the hearing was being adjourned for a week, therefore, Mr Khan would remain behind the bars for another week.

The CJ remarked that he would pass an order in this regard as well and observed that the IHC did not issue any restraining order for the trial court.

Special prosecutor Raja Rizwan Abbasi argued that Mr Khan’s petition in the IHC would become infructuous if the trial court were to decide the bail petition, as the aggrieved party would file an appeal against the order.

Advocate Marwat argued that PTI chairman was shifted to Attock jail because this jail lacks proper facilities for political prisoners. He claimed that the police tried to register a case against Bushra Bibi when she visited the Attock jail, allegedly for offering a bribe to the prison guard.

The assistant advocate general of Punjab informed the court that the government has abolished the A and B classes in jails.

Justice Farooq pointed out that Mr Khan is an under trial accused in the cipher case, which is pending in Islamabad’s court, and under what law he was shifted to Attock.

The Punjab law officer replied that the prisons IG has the power to shift a prisoner from one jail to another.

Published in Dawn, September 7th, 2023