• Afridi says wanted to meet party founder to finalise provincial cabinet, seek guidance on governance affairs
• IHC larger bench restores curbs on political statements by prisoners

ISLAMABAD: For the second time since assuming office, Khyber Pakhtunkhwa Chief Minister Sohail Afridi was not allowed to meet incarcerated PTI founder Imran Khan in Adiala jail, despite having permission from the Islamabad High Court.

Earlier on Thursday, a three-member IHC bench had asked the Adiala administration to allow a meeting between the CM and Mr Khan, while also suspending an earlier order that had struck down a clause in the Punjab Prison Rules, banning political speeches by prisoners.

Police stopped CM Afridi on his way to Adiala near the prison, prompting the PTI leaders to stage a brief sit-in before returning empty-handed. The CM told reporters that he wanted to meet Imran Khan to finalise the provincial cabinet, adding that it was the responsibility of the IHC to ensure the implementation of its decision for the meeting.

He said the refusal to implement a clear court order reflected the helplessness of the judiciary. “If court orders are not being respected, it raises serious questions about the state of justice in the country,” he remarked.

The CM claimed his visit was “purely constitutional” and aimed at seeking guidance from his party leader on key policy matters related to governance in KP.

“For the past two years, I have not met my leader,” he said, adding that he had followed every legal and administrative channel — including communications with the Punjab Home Department, the federal government, and the chief justice — before approaching the Islamabad High Court.

IHC suspends order

Separately, the larger bench headed by Chief Justice Sarfraz Dogar suspended a single bench decision that had struck down the ban on prisoners’ political speeches and also directed the Adiala jail authorities to allow CM Afridi and other visitors to meet former prime minister Imran Khan in accordance with the law.

The order was passed by the bench while hearing multiple petitions related to visitation rights for Mr Khan and the enforcement of the standard operating procedures (SOPs) for visitors.

Besides CJ Dogar, the bench included Justice Arbab Muhammad Tahir and Justice Muhammad Azam Khan.

The Punjab government had challenged the single bench decision of Justice Sardar Ejaz Ishaq Khan through an intra-court appeal, arguing that the clause prohibiting political expression during jail visits was an essential measure to maintain prison discipline.

The provincial government also contended that the single bench had declared the rule null and void without hearing the attorney general for Pakistan (AGP) or the advocate general of Punjab — both mandatory respondents in cases involving the validity of statutory provisions.

Advocate General Punjab Amjad Pervez informed the court that the omission of notice to the AGP amounted to a procedural irregularity. “The single bench struck down a statutory rule without hearing the federal and provincial law officers. This omission alone renders the judgement unsustainable,” he submitted, requesting the larger bench to suspend the impugned ruling.

Justice Arbab Muhammad Tahir observed that the issue raised an important question: whether notice to the attorney general is mandatory before declaring any law or rule void. The Punjab advocate general replied that judicial precedents had consistently required such notices, emphasising that “the process protects the integrity of constitutional adjudication”.

Advocate Salman Akram Raja, representing Mr Khan, argued that the suspension of the single bench ruling would affect pending petitions related to the enforcement of visitation rights and contempt proceedings. “Whatever order is made today will directly impact our pending cases,” he said, urging the court to hear those petitions as well.

He informed the bench that despite a court order dated March 24 allowing scheduled meetings between the PTI founder and designated visitors, the Adiala jail authorities had not implemented the decision even once. “We provide the names as per SOPs every time, but those listed are denied entry, while others outside the approved list are allowed,” he complained.

The jail superintendent, however, maintained that regular meetings were taking place and that his office had not received any recent list from Advocate Raja. He added that certain visitors were addressing the media outside the jail, in contravention of previous court directions restricting public political statements on the prison premises.

After hearing arguments from both sides, the bench suspended the single bench’s order. The court further directed the superintendent to arrange the KP CM’s meeting with Mr Khan in accordance with the existing SOPs and court orders, observing that the directions regarding visitation must be strictly implemented.

Meanwhile, in a development that drew attention inside the IHC, Punjab Police SDPO Azhar Shah executed a non-bailable arrest warrant against Aleema Khan, sister of the PTI founder, during the hearing. The police officer presented the warrant before the bench and obtained her signature on the spot before leaving the premises.

Published in Dawn, October 24th, 2025