The Islamabad High Court (IHC) Wednesday directed the assistant advocate general to check and inform the court about who decides about a prisoner's jail transfers by August 11 (Friday) during the hearing of a petition filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan seeking his transfer from the Attock jail to Adiala jail.
The plea also sought the provision of better or A-class facilities in jail, as well as permission for a medical examination by personal physician, Dr Faisal Sultan. the PTI chief has also asked the court to allow him meetings with his legal team, family members, and senior party leadership.
While hearing the case, IHC Chief Justice Aamer Farooq said prisoners are kept in the Adiala jail in Rawalpindi, as Islamabad doesn't have a jail of its own.
He, however, inquired about the method of sending a prisoner to the jails.
According to the conviction orders issued by Judge Humayun Dilawar on Saturday, ahead of Khan's arrest in the Toshakhana case, the PTI chief was supposed to be sent to the Adiala jail in Rawalpindi. However, the former prime minister, who was ousted from office following a no-confidence motion in April last year, was taken to Attock instead.
Khan's lawyer, Advocate Sher Afzal Marwat, told the court that the government has the power to shift a prisoner to any jail in Punjab.
"Nawaz Sharif's request for transfer to Kot Lakhpat jail was approved," Justice Farooq remarked.
PTI chief's counsel said that Khan can get an A-Class facility as per jail rules, but since District Jail Attock is not A-Class, he is being kept there and that too in solitary confinement.
"Chairman PTI has been kept in a cell instead of barracks," Advocate Marwat said, adding that rainwater also entered the former prime minister's room at night.
Informing the court about the delay in scheduling the PTI chief's meeting with his lawyers, Advocate Marwat said Khan was not allowed to meet with his counsels despite a court order issued yesterday (Tuesday).
"Did they give any reason for not [scheduling] the meeting?" the IHC chief justice asked the counsel.
"Meeting time is till 6:00pm, while the order was issued late," the lawyer replied.
He further complained that Khan's other lawyer, Naeem Haider Panjotha, was grilled by the Federal Investigation Agency (FIA) for "nine hours" on Tuesday under the guise of an investigation. He also told the court that Khawaja Haris has also been summoned by the FIA. Marwat termed the detentions "illegal".
The chief justice, after hearing the counsel's complaints, remarked that no one should be harassed in the name of investigation. He also said that a prisoner should be given the rights specified in the law.
"Everyone has rights. An appointment with a lawyer cannot be refused," Justice Farooq remarked.
Addressing Khan's lawyer, the chief justice insisted that it doesn't become a political issue and that the premises should not be crowded.
"One by one, two or three lawyers should go together," he said.
While Marwat requested the court to conduct a hearing of the case tomorrow (Thursday), the IHC top judge adjourned it till August 11 citing absence due to his ill health.
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