Chief Justice of Islamabad High Court Aamir Farooq sought notification regarding PTI Chairman Imran Khan’s imprisonment in Attock Jail even after the suspension of sentence in the Tosha Khana case.
The Chief Justice of Islamabad High Court was hearing petitions filed against Imran Khan’s transfer from Adiala Jail to Attock Jail, non-availability of proper facilities and detention in Attock Jail in the cipher case.
During the hearing, the prosecutor on behalf of FIA sought one week’s time to submit the reply to the petitions.
Imran Khan’s lawyer Sher Afzal Marwat argued that the prosecution had taken a stand before the trial court that the application related to the cipher case was pending in the Islamabad High Court, so the sub-court could not decide on the bail application. .
Chief Justice Aamir Farooq inquired whether the notification of Imran Khan’s jail trial was issued only for August 30. Prosecutor Zulfiqar Abbas Naqvi replied that the court was shifted to Attock to order Imran Khan’s remand. And the trial court, in accordance with law, is competent to decide to continue the trial.
Advocate Sher Afzal Marwat asked whether another notification will be issued before the next hearing of the cipher case on September 13. The prosecutor said that he would inform the court in this regard by taking instructions from the FIA before the next hearing.
Chief Justice Amir Farooq remarked that the next hearing will be fixed before the mentioned date. He remarked that the Ministry of Interior can issue the notification of the jail trial, but in this case the notification was issued by the Ministry of Law. .
Imran Khan’s lawyer insisted that the government could be prevented from issuing further notifications for the PTI chairman’s trial in Attock Jail, expressing concern that even before the upcoming Islamabad High Court hearing. Notification may be issued.
Chief Justice Aamir Farooq remarked that it would not make any difference as the court would examine it according to law.
Lawyer Sher Afzal Marwat requested the Chief Justice of the Islamabad High Court to direct the trial court to hear the bail plea while the trial judge is awaiting a decision on the plea pending in the High Court.
He added that since the hearing is being adjourned for a week, Imran Khan will remain behind bars for another week.
The Chief Justice remarked that he would issue an order in this regard as well and remarked that the Islamabad High Court had not issued any injunction to the trial court.
Special Prosecutor Raja Rizwan Abbasi argued that if the trial court decides on the bail plea, Imran Khan’s plea in the Islamabad High Court will become ineffective, while the aggrieved party will file an appeal against the order.
Advocate Sher Afzal Marwat argued that the PTI chairman was shifted to Attock Jail while this jail does not have proper facilities for political prisoners.
He claimed that when Bushra Bibi went to Attock jail, the police tried to register a case against her for allegedly offering bribe to the jail guard.
Assistant Advocate General Punjab told the court that the government has abolished A and B classes in jails.
Chief Justice Aamir Farooq pointed out that Imran Khan, who is an accused in the cipher case which is under hearing in Islamabad court, was transferred to Attock jail under which law.
Assistant Advocate General Punjab replied that IG Jails has the power to transfer a prisoner from one jail to another.
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**Interview with Legal Expert: Understanding the Implications of Imran Khan’s Case**
**Interviewer:** Thank you for joining us today. We’re discussing the recent developments regarding PTI Chairman Imran Khan’s imprisonment and the Islamabad High Court’s interest in the case. Can you start by summarizing the Chief Justice Aamir Farooq’s inquiries about Imran Khan’s situation?
**Legal Expert:** Certainly. Chief Justice Aamir Farooq has expressed the need for a notification confirming the status of Imran Khan’s imprisonment in Attock Jail, particularly in light of the suspension of his sentence in the Tosha Khana case. The Chief Justice is hearing petitions concerning the legality of Khan’s transfer to Attock Jail and the conditions he is facing there.
**Interviewer:** What specific concerns were raised by Imran Khan’s legal team during the hearing?
**Legal Expert:** Imran Khan’s lawyer, Sher Afzal Marwat, highlighted that the prosecution previously indicated that matters related to the cipher case were pending in the Islamabad High Court. This stance was used to argue that the sub-court shouldn’t decide on bail applications until the High Court resolved those preliminary matters.
**Interviewer:** It seems there’s discussion around the notifications related to his trial. Can you explain why these notifications are significant?
**Legal Expert:** Notifications are critical because they dictate the procedural framework under which Khan’s trial is conducted. The Chief Justice remarked that the Ministry of Interior could have issued the necessary notifications, but in this scenario, it was handled by the Ministry of Law, creating a procedural point of contention. Unclear or improperly issued notifications could lead to issues regarding the legitimacy of the trial process itself.
**Interviewer:** What was the prosecutor’s response to the inquiries about future notifications?
**Legal Expert:** The prosecutor asked for additional time to formulate a response regarding future notifications. This includes determining whether another notification will be issued before the hearing set for September 13, which is quite critical for the legal proceedings ahead.
**Interviewer:** Given these complexities, what do you think might happen next in this case?
**Legal Expert:** Given the Chief Justice’s comments, it appears that the court is keen to ensure that all actions taken are lawful and transparent. I anticipate that there will be more scrutiny on how notifications are issued and whether Imran Khan’s rights are being upheld throughout this process. The court will likely rule on the validity of his transfer and the conditions of his detention before proceeding with the substance of the case.
**Interviewer:** Thank you for your insights. It seems this case is far from over, and the implications could impact not only Imran Khan but also the legal framework governing such cases in Pakistan.
**Legal Expert:** Absolutely. It’s a significant moment in Pakistan’s legal landscape, and the outcomes have the potential to set important precedents for how political figures are treated under the law. Thank you for having me.