• Legal team, jail officials at odds over ex-PM’s shifting to Rawalpindi’s Adiala Jail
• IHC reserves order on plea seeking in-camera proceedings of cipher case
• Jail officials don’t allow PTI chief to be produced in court over ‘security concerns’

TAXILA / ISLAMABAD: Des­pite directions from the Islamabad High Court, PTI Chairman Imran Khan was not shifted to Rawal­pindi’s Adiala Jail until late on Monday, mainly due to two reasons; security concerns and the absence of a written order.

However, one of his lawyers claimed that the former prime minister had indeed been transferred to the Adiala Jail, triggering confusion on social media platforms.

While hearing petitions seeking Mr Khan’s transfer to Rawalpindi, IHC Chief Justice Aamer Farooq observed that under-trial prisoners (UTPs) of all the courts in the federal capital were kept at Adiala and issued directions to shift Mr Khan to that prison.

The direction followed arguments by Mr Khan’s counsel Sher Afzal Khan Marwat, who said the court had suspended Mr Khan’s sentence in the Toshakhana case and the ex-PM was facing a trial in the cipher case before a special court in Islamabad. As a UTP from the federal territory, Mr Khan must be kept in Adiala Jail, he argued.

Justice Farooq remarked that pursuant to suspension of the sentence, Mr Khan’s status had also changed.

Addressing AAG Barrister Mun­a­war Iqbal Duggal, he inquired about the status of other UTPs.

Mr Duggal replied that all UTPs of Islamabad’s courts are kept in the Adiala Jail. Justice Farooq ord­ered that Mr Khan shall be shifted to Adiala and further directed the jail administration to provide all facilities to which he is entitled.

Mr Khan, however, could not be shifted to Adiala Jail until going to print as Justice Farooq did not issue a written order due to other engagements at the Federal Judicial Academy.

Later, Mr Khan’s lawyers, quoting authorities, claimed the court’s directions had been implemented. Barrister Naeem Panjhota, a prominent member of Mr Khan’s legal team, claimed that Mr Khan had indeed been shifted to Adiala Jail.

However, the Attock Jail administration refuted the claim, saying Mr Khan had not been shifted due to security reasons, and they were still “hosting” him.

In his message on X, Mr Panjhota said he had been informed that Imran Khan had been shifted to Adiala Jail but “it is beyond understanding that Attock Jail [authorities] are also saying that they have PTI chairman”.

Cipher case

Meanwhile, IHC Chief Justice Farooq reserved verdict on an FIA application seeking in-camera proceedings of the cipher case.

The application came up when the chief justice was hearing a petition seeking post-arrest bail for Mr Khan in the case.

FIA prosecutors argued that since the cipher case had been registered under the Official Secrets Act, the hearing of petitions related to this case should be held in-camera.

However, Mr Khan’s counsel argued that a notification issued by the law ministry had cited security reasons for holding the ex-premier’s trial inside the jail.

He requested the court to grant post-arrest bail to Mr Khan.

According to the law ministry’s notification, the judge of Special Court (Official Secrets Act) had requested for conducting Mr Khan’s trial inside the prison due to security reasons.

The law ministry stated it had no objection on the trial being conducted inside the jail.

Marriage case

A court in Islamabad had also summoned Mr Khan in a case pertaining to his alleged ‘un-Islamic’ marriage to Bushra Bibi, but Attock Jail officials expressed their inability to produce him, citing security risks.

A contingent of Islamabad Police comprising 13 vehicles, including an APC, scores of policemen and elite force officials led by DSP Qasim Khan, arrived at Attock Jail in the morning, but jail authorities did not hand over custody of Mr Khan to them.

In the evening, a helicopter was seen hovering over the Attock Jail at low altitude, raising speculations that Mr Khan would be shifted to Adiala Jail by air, but the helicopter was not seen landing on jail premises.

Earlier, the superintendent of Attock Jail, in a letter addressed to senior civil judge Qudrat Ullah, had expressed apprehensions that potential security risks could arise during Mr Khan’s journey to Islamabad.

Mr Khan was shifted to Attock Jail on Aug 5, after being convicted in the Toshakhana case. His conviction also resulted in him being barred from contesting elections for five years. On Aug 29, the IHC suspended his prison sentence, but he remains in custody due to the cipher case.

Published in Dawn, September 26th, 2023