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Sunday April 28, 2024

Plea for online meeting with Imran: IHC questions ban on online meetings in Adiala when same allowed in Kot Lakhpat jail

The court heard an application seeking the lawyers’ meeting with the PTI founder

By Awais Yousafzai
March 23, 2024
View of the Islamabad High Court. — Geo News/File
View of the Islamabad High Court. — Geo News/File

ISLAMABAD: The Adiala jail superintendent has told the Islamabad High Court that the order for arranging an online meeting between PTI founder Imran Khan and his lawyers could not be implemented as there was no provisions under the prisons rules.

The IHC’s Justice Sardar Ejaz Ishaq Khan remarked that the Punjab chief minister had recently announced to the media online meetings would be allowed in the Kot Lakhpat jail. He wondered how the “illegal work” of online meetings started in the Kot Lakhpat jail if there was no provision in the jail rules for such meetings.

The court directed the law officer to tell whether the announcement of the Punjab chief minister was illegal or the letter of the jail authorities.

It observed that online meetings cannot be stopped now, and if jail authorities said that they can’t make an appointment online, then it would be a laughing stock in the entire world.

The court heard an application seeking the lawyers’ meeting with the PTI founder.

The superintendent of the Adiala jail refused to hold an online meeting for the PTI founder despite a court order, submitting that jail rules do not allow such an online meeting.

The court noted that the Punjab chief minister proudly announced in the media that the Kot Lakhpat jail was the first jail in Asia where online meetings are being facilitated.

It wondered if there was no permission in the jail rules, how the illegal work started there, and if the jail authorities were saying in their reply that the action of the chief minister was illegal.

The state counsel sought time to seek instructions in this regard. The court observed that there was no need to take instructions as the superintendent of the jail was saying that the rules did not allow online meetings. It said that one the one hand the government banned online meetings in one prison of the province and on the other hand it proudly allowed them in another prison.

Amicus curiae Zainab Janjua submitted that the superintendent of the Adiala prison should not give conflicting statements as he was a subordinate to the Punjab government.

Applicant counsel Sher Afzal Marwat advocate said that the CM had proudly announced online meetings in the Kot Lakhpat prison, but in the Adiala jail, hide and seek was being played.

The court observed that this issue was to be settled on such point and not much time was to be allowed, and now the question arises whether there can be a political conversation in a prison meeting or not.

Sher Afzal Marwat advocate said that the counsel had been stopped one and half kilometres prior to the Adiala prison and they had to travel the distance on foot.

The court observed that all such things will stop if orders coming to the jail authorities are stopped. It said that if two hundred civil servant refused to obey illegal orders, then the system will come in the right direction.

Sher Afzal Marwat advocate said that if the court sends two hundred civil servants to prison for obeying illegal orders, then the system could also come in the right direction.

Justice Sardar Ejaz Ishaq observed that at one place it is stated that there was written in paper and in another place it is said there was gun to the head and there was danger to his family and career.

The court observed that such a system will continue until two or three hundred persons sacrifice for the ideology, and wondered why we are sitting here pretending.

Sher Afzal Marwat said that the power of pen is more powerful than the gun and mentioned what happened to DC Islamabad through one order of the court.

The court observed that the advocate general should take a clear stand on the next hearing. The jail superintendent said that due to threat alerts, meetings had not been held since March 12, and apart from Adiala, meetings have also been banned in three other prisons.

The court inquired whether security threat is only to prisons as there was going to be such a big march the day after tomorrow (March 23). Isn’t it a threat?

The court observed that thousands of people will be on the streets tomorrow, and planes will fly, and if it not a threat to them. It said there was not seen any good intention in this matter as at one place there was threat but nothing could happen to other place. The hearing of the case was adjourned till March 29.

Meanwhile, the IHC ordered the jail authorities to allow a meeting of MWM Chairman Allama Nasir Abbas, Shehryar Afridi, Shandana Gulzar and Firdous Shamim Naqvi with the PTI founder on March 26 in the prison.

The superintendent of the Adiala jail tendered an unconditional apology to the IHC for not allowing the meeting despite the court orders.

Justice Saman Rafat Imtiaz heard the contempt petitions for not allowing the meeting with the PTI founder despite court orders.

The superintendent submitted a written response to the contempt petitions. The court expressed dissatisfaction with the reply. It observed that the jail superintendent has tried to justify his action of not following the court order. The superintendent tendered an unconditional apology.

The court directed the jail superintendent to satisfy the court over his conduct and the petitioners should be allowed to meet with the founder of the PTI in the jail on March 26.

MWM Chairman Allama Nasir Abbas, Shehryar Afridi, Shandana Gulzar and Firdous Shamim Naqvi had approached the high court to meet the PTI founder.