Why PTI chairman’s custody was denied

Special court cites life threats to deny request; grants PTI chief permission to speak to sons over phone

ISLAMABAD:

The special court, which is holding the trial of former premier Imran Khan and some other leaders of the former ruling party for illegally disclosing a classified diplomatic cipher, has noted that it declined the Federal Investigation Agency’s (FIA) request to remand the PTI chief in its custody as his "precious life is in peril".

On August 16, the FIA requested the special court, recently formed to hear cases filed under the Official Secrets Acts of 1923, to remand Imran in its custody for 14 days. The court had rejected the plea.

In its written order regarding the August 16 hearing, the court noted that due to “the alarming situation and prevailing circumstances, it was not appropriate to grant physical remand of the accused by bringing him before the court," originally located at the Islamabad Judicial Complex.

The court further noted that to counter threats to Imran’s life, his attendance in the court was dispensed with, and he was considered present in the court.

It mentioned that the former premier’s fundamental rights were not going to be prejudiced just because of his absence from the court due to non-production.

The court directed the Attock jail superintendent to strictly observe all situations and ensure foolproof security in consultation with the Federal Ministry of Interior when Imran is presented in the court.

Read: Imran remanded in judicial custody until 13th

In its order regarding the August 30 hearing, the court noted that it conducted the cipher case trial within the Attock Jail following a notification issued by the Ministry of Law and Justice on August 29.

The court inquired with the PTI chairman if he was facing any inconvenience, problems, or had any complaints regarding the provision of facilities as outlined in the jail manual.

Meanwhile, the special court on Thursday granted jailed Imran Khan permission to talk to his sons. Judge Abual Hasnat Muhammad Zulqarnain granted the former premier's request.

The PTI chairman had prayed to the court, through his lawyers, to “arrange a meeting of the accused with his sons”—Qasim and Suleman—who are based in the United Kingdom—over the phone or WhatsApp.

The judge ordered the superintendent of Attock Jail, where Imran has been detained since August 5, to make necessary arrangements for a phone call between the PTI leader and his sons "in accordance with jail rules and manuals."

Withdrawal of appeal

Meanwhile, the PTI chief has filed another miscellaneous application in the Islamabad High Court (IHC), seeking withdrawal of his appeal against the Election Commission of Pakistan’s (ECP) October 2022 decision to disqualify him as a lawmaker and the subsequent notice seeking his removal as the PTI chief.

Read more: Court allows Imran to talk to his sons over phone

IHC Chief Justice Aamer Farooq will hear this application along with the objections raised by the court’s registrar office today [Friday]. The registrar has noted that an application seeking withdrawal of the PTI chief's appeal against the ECP order is already pending.

The application stated that the ECP disqualified the PTI chief as a lawmaker on October 21, 2022. The PTI challenged the ECP's order in the IHC. However, the polls supervisory authority on December 7, 2022, issued another notice to Imran asking him why he should not be removed as the PTI chief.

Both of these cases are also pending before a full bench of the Lahore High Court (LHC). The LHC has also issued notices to the respondents. The PTI chairman has therefore decided to pursue the matter in the LHC instead of the IHC, the application said.

Petitions admitted

On Thursday, IHC Chief Justice Aamer Farooq also admitted to hearing the PTI chief's petition against the Ministry of Law's August 29 notification to hold Imran Khan’s trial in the cipher case inside jail.

The court also issued notices to respondents on a petition that claimed that the jurisdiction for cases under the Official Secrets Act of 1923 lies with the judicial magistrate and that granting the authority to initiate proceedings under the act to the judge of the Anti-Terrorism Court (ATC) is incorrect.

The government recently appointed Islamabad ATC-1 Judge Abual Hasnat Muhammad Zulqarnain as the special judge to hear cases under the Official Secrets Act of 1923.