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Shift Imran Khan to Adiala Jail: IHC directs authorities

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  • PTI had challenged move to keep its chairman at Attock jail.
  • Khan is under-trial prisoner in cipher case, not Toshakhana, IHC says.
  • CJ maintains Khan should receive facilities he is entitled to.

ISLAMABAD: The Islamabad High Court (IHC) Monday directed authorities to shift Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to Adiala jail from Attock prison.

The order, issued during a hearing concerning the prison amenities granted to the PTI chief, was passed on the basis of a rule that trials of prisoners booked in Islamabad should be held in the relevant prison.

Chief Justice Aamer Farooq of the IHC, who was hearing the PTI petition, remarked that Khan is an under-trial prisoner in the cipher case, which was registered in Islamabad.

“Why is an under-trial prisoner kept in Attock jail instead of Adiala jail?” he asked.

Ordering to shift the PTI chairman, the chief justice added, Khan was kept in custody at the Attock jail in the Toshakhana case, which was suspended.

“If tomorrow, you transfer [him] to Rahim Yar Khan, would the trial be held there?” he questioned, seeking a response regarding the matter from Additional Attorney General Munawar Iqbal Dogar.

During the hearing, Khan’s lawyer Advocate Sher Afzal Marwat requested that his client be given the facility of an exercise machine.

Justice Farooq said it was mentioned that now the A and C classes have been abolished in the jail.

“Now there are general and better classes in the jail, and Imran Khan is entitled to the better class,” said Barrister Salman Safdar, lawyer of the deposed prime minister.

“It is confirmed that the PTI chairman is entitled to the better class, as he is the former prime minister and an educated person,” the chief justice observed.

Justice Farooq maintained that Khan should receive the facilities he is entitled to and that his rights should not be violated.

Cipher case

Meanwhile, before a formal hearing pertaining to Khan’s post-arrest bail plea in the cipher case began, the IHC reserved its decision on the request for in-camera proceedings at the request of Special Prosecutor Zulfiqar Naqvi.

Earlier, the court had asked only two lawyers to remain in the courtroom, as it had more people in the space due to the jail facilities case which was to be held later.

The prosecutor Advocate Shah Khawar, who was also present in the courtroom, said the trial is being held under the Official Secrets Act. Khan was represented by Barrister Salman Safdar.

Justice Farooq remarked that the court would make a decision after reviewing the case record.

It should be noted that both the former premier and his party’s Vice Chairman Shah Mahmood Qureshi are in custody in the cipher case.

“There is no denying that the trial is being conducted under the Official Secrets Act. Security concerns have been cited as the reason for the jail trial in this case,” Barrister Safdar said, adding that the court can ask unnecessary individuals to step out if it deems fit.

Shah Khawar said he would present arguments in-camera before the court once Khan’s lawyer has presented his.

Advocate Marwat mentioned that the entire nation has its eyes on this bail request, to which Justice Farooq responded with a smile, stating that now court hearings will be live-streamed, and the whole world will be able to witness them.

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Imran Khan’s bail request in the Toshakhana-II case has had its objections dismissed.

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In the Toshakhana-II case, the Islamabad High Court has dismissed the objections to PTI founder Imran Khan’s bail request.

IHC instructed the registrar’s office to schedule the hearing for the case for Monday.

Imran Khan’s attorneys, Shaheena Shahab, Ayesha Khalid, and others, arrived in court today as IHC Justice Miangul Hassan Aurangzeb heard the case.

The registrar’s objections to the plea were questioned by Justice Aurangzeb. In the Toshakhana-II case, Imran Khan submitted a bail application, according to counsel Ayesha Khalid.

Justice Miangul said that previous rulings in circumstances comparable to this one adhered to the consistency principle. In this instance, the petitioner was a man, he added.

Bushra Bibi was given bail because she was a woman, according to the justice, and an application like this one was denied yesterday.

Given that the case action date was November and the power of attorney was executed in July, Justice Aurangzeb raised a concern about the timing.

Justice requested the help of Advocate Shah Khawar in this case.

When an applicant was held in jail, Shah Khawar retorted that it was standard procedure to obtain signatures on required documents, such as a power of attorney.

Imran Khan’s attorney, Shaheena Shahab, asked the court to send out notices regarding the bail plea. A judge named Aurangzeb said that the law would be observed.

Following arguments, the court dismissed the registrar office’s objections and ordered that the case hearing be scheduled for Monday.

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PTI presents seven nominations to Imran Khan for the judicial commission.

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Pakistan Tehreek-e-Insaf (PTI) has proposed seven individuals to its founder, Imran Khan, for consideration as founding members of PTI for membership in the next Judicial Commission.

None of the nominated individuals are attorneys; rather, the roster includes four Members of the National Assembly (MNAs) and three senators.

The proposed MNAs are Umar Ayub, Asad Qaiser, Ali Mohammad Khan, and Aamir Dogar, while the senators are Shibli Faraz, Mohsen Aziz, and Aun Abbas Bapi. Sources suggest that the Judicial Commission will include one opposition member from both the National Assembly and the Senate.

The PTI founder will evaluate and endorse two names from the suggested list, which will then be sent to the Speaker for future actions.

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Miller confirmed that Biden’s administration got a letter from a congressman requesting the release of the PTI founder.

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Following his removal as prime minister in 2022, Khan started a protest movement against a coalition of his enemies led by current Prime Minister Shehbaz Sharif. Since then, he has been in jail since August 2023 and has been involved in hundreds of cases.

In response to ARY News’ question over the congressmen’s letter during a media briefing in Washington on Monday, State Department spokesperson Matthew Miller stated, “We will respond in due course to the members.”

The United States wants to see Pakistan maintain its democracy, Miller stated.

The release of the PTI founder’s wife and sisters was a result of a meeting between the US Deputy Assistant Secretary and a Pakistani government representative in Islamabad, which was further questioned during the press briefing.

“I won’t be addressing that,” Miller said when asked if the United States was involved in their release. Miller did, however, affirm that the conference included the defense of Pakistan’s basic liberties and rights.

Sixty-two members of the US Congress urged President Joe Biden on October 24 to support the release of Imran Khan, the former prime minister of Pakistan, and other political prisoners.

The congressmen, who included well-known Muslim members Rashida Tlaib and Ilhan Omar, said in their letter that the Biden administration should ask Pakistani authorities to guarantee the safety of PTI founder Imran Khan.

They also underlined that US policy should concentrate on Pakistan’s human rights situation and asked that US ambassadors attend the PTI leader’s incarceration.

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