LAHORE, Feb 19: An anti-terrorism court on Wednesday dismissed an application of Dr Ahmad Javed Khwaja and Ahmad Nadeem Khwaja against their trial in jail and fixed Feb 24 for initiating the trial in the Lahore Central Jail.

The court observed that under Section 15(3) of the Anti-Terrorism Act 1997, the provincial home department had the authority to order a trial on jail premises.

It also did not allow presence of general public and journalists on jail premises on the date of hearing and ordered that only the defence counsel Pervez Inayat Malik and two relatives of the accused should come to the jail during the trial.

The contentions of the defence counsel regarding the trial in jail were rejected by the court for want of conviction and force. “The apprehensions raised by the counsel regarding the trial in jail have no weightage since the orders for the trial have already been passed by a competent authority,” observed the court.

It further observed that the prosecution had a legal right to holding the trial in jail for security reasons and that the trial in jail would not prejudice the case of the accused in any manner. The prosecution was directed to furnish the accused with copies of the chargesheet on the next date of hearing.

Mr Inayat insisted that the court should pass a special order for holding the trial in camera since it could not restrict the presence of journalists and general public in the courtroom without such an order. The court, however, refused to pass the order saying that it had the prerogative to hold the trial in camera and need not pass any special order for the purpose.

The court also reserved its judgment on a contempt petition against the jail authorities’s failure to produce the Khwajas in the court despite repeated orders. The counsel had requested that court should award a six-month jail term — the maximum punishment under the ATA for contempt of court — to the superintendent of Central Jail Lahore and the in-charge Chuhng sub-jail. The verdict on the application would be delivered on the next hearing.

The Khwajas have been accused of opening fire on a police party and harbouring Al Qaeda activists at their residence in Manawan.