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Sunday April 28, 2024

IHC judge questions shutting down entire prison over security threats

IHC’s Justice observed that it is a fundamental and constitutional right of a prisoner to meet with a lawyer

By Awais Yousafzai
March 16, 2024
The Islamabad High Court building in Islamabad. —The IHC website/File
The Islamabad High Court building in Islamabad. —The IHC website/File

ISLAMABAD: The Islamabad High Court (IHC) issued a notice to the superintendent of Adiala Jail on a contempt application for not allowing Pakistan Tehreek-e-Insaf leaders Shehyar Afridi and Shandana Gulzar to meet the founding chairman of their party despite the court orders and directed him to file comments within a week.

The IHC’s Justice Saman Rafat Imtiaz observed that it is a fundamental and constitutional right of a prisoner to meet with a lawyer. The court inquired why the meeting was not allowed despite agreeing to one before it on Monday, and why security arrangements could not be made for meetings with prisoners.

Justice Saman Rafat Imtiaz heard the contempt of court petitions of Shehryar Afridi and Shandana Gulzar against the superintendent of the jail. The advocate general of Islamabad said that there were severe security threats to the entire prison. The court observed that it is easy way to avoid taking responsibility by shutting down the entire prison in the name of security threats.

The IHC wondered if the mobile phone network would be shut down if there were security threats. It asked the law officer whether the government would also close down the court if there was a security threat to the court.

The court observed that the government will have to find a middle way as a solution which does not affect the fundamental rights of the citizens. There were examples of such steps in many countries, it noted.

The court said measures in response to security threats cannot be allowed to be taken at the cost of the fundamental and constitutional rights of the citizens. It also observed that the government is following the example of those countries where such measures have had disastrous results. The next hearing has been adjourned till March 25.