- Court rules three associates of each of Imran Khan’s lawyers will be allowed into the jail
ISLAMABAD: The Islamabad High Court (IHC) on Friday directed the Superintendent of Adiala Jail to provide an affidavit, confirming there no recording devices put in the visitation area of the prison and ensure privacy and security of the visitors.
A single-member IHC bench, comprising Justice Sardar Ijaz Ishaq Khan issued the directive during the hearing of a petition to a petition filed by the legal team of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan.
In the petition, Faisal Fareed Chaudhry and Naeem Haider Panjotha, submitted that jail authorities were obstructing them from representing Khan in an ongoing trial of the NAB reference titled State vs Imran Ahmad Khan Niazi.
Faisal Fareed informed the court that he along with his co-counsel were prevented from accessing the jail courtroom on August 29, 2024, and September 2, 2024, despite previous court judgments affirming the right to legal representation, even in a jail trial.
The Adiala Jail Superintendent and the Prosecutor General of Islamabad were also present on the court, in compliance of the court’s notice issued yesterday to them for appearance in the court.
NAB’s Additional Prosecutor General Jehanzeb Bharwana, Deputy Prosecutor General, Naeem Singheera, and Mian Umar Nadeem, the investigation officer of 190 million pounds reference, were also present during the proceedings.
During the proceedings, the court questioned the jail’s representative, who assured that all lawyers are permitted entry into the jail. However, complaints were raised about long waiting times and lack of basic amenities like drinking water. The jail superintendent responded that all necessary facilities are provided to the lawyers.
The court decided that lawyers’ vehicles will be allowed entry after a 10-minute security check. A three-member commission will visit Adiala Jail to provide an impartial report. The jail superintendent is required to affirm that no recording devices are installed in the meeting areas.
The court also ruled that each lawyer’s three associates will be allowed into the jail, despite the prosecutor’s request to limit this to one associate per lawyer. The court emphasized that if a defendant prefers a trial in jail, they have the right to have multiple lawyers, highlighting the need to be aware of the implications of a jail trial.
On Thursday in a written order, Justice Ishaq observed that any trial proceedings conducted without the presence of the accused’s counsels, due to such obstructions, would render the evidence recorded “insignificant.”
The IHC bench expressed serious concerns over the alleged denial of access to justice. The court warned that if the jail officials do not appear at the next hearing with full instructions, it may consider moving the trial to another location under its direct oversight.
The court had scheduled the hearing for Friday (today), alongside a related petition concerning Prison Rules. Notices were issued to the respondents, including the jail superintendent and deputy superintendent, to appear in the court.
