IHC issues notices on Imran’s bail plea

Special court also seeks explanation from Attock Jail superintendent for alleged contempt

The Islamabad High Court (IHC) on Monday issued notices to the Federal Investigation Agency (FIA) as it took up PTI Chairman Imran Khan’s post-arrest bail application in a case filed by the agency against allegedly illegal use and possession of a diplomatic cipher by the top PTI leadership.

The special court recently formed to hear cases registered under the Official Secrets Act, 1923 on September 15 rejected the post-arrest bail applications of PTI Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi in the diplomatic cipher case.

In its order, the court presided over by Judge Abual Hasnat Muhammad Zulqarnain had noted that “sufficient incriminating evidence is available on record to connect the accused with the instant case”.

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“[The] record further depicts that there appears reasonable grounds for believing that the accused/petitioners are guilty of the offence [under] sections 5 and 9 of the Official Secrets Act, 1923 in the light of the content of the instant FIR [First information Report,” it said.

Imran Khan was arrested by the FIA in the cipher case on August 29, the day the IHC suspended his sentence in the Toshakhana case. The special court on September 13 remanded the PTI chief in judicial custody for two weeks—till September 26.

Imran Khan later moved the IHC against the special court’s September 15 order and IHC Chief Justice Aamer Farooq took up his post-arrest bail application on Monday.

Advocate Salman Safdar appeared before the bench to represent the PTI chairman. He repeatedly requested the bench to hold the next hearing of the petition at an earlier date.

Justice Farooq noted that as per the procedure the post-arrest bail application will be heard next Monday. He later issued notice to the FIA, the complainant in the case, on the petition.

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Separately, the special court hearing the cipher case issued a notice to Attock Jail superintendent on a plea of the former prime minister who sought contempt proceedings against the official for violating a court order about allowing Imran Khan to hold a telephonic conversation with his sons in London.

On August 31, the special court had granted Imran Khan permission to talk to his sons—Qasim and Suleman—who are based in the United Kingdom—over the phone or WhatsApp on his request.

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

The jail superintendent, however, did not make any arrangement for the phone call. In his report, submitted to the court, he said the prison rules do not allow phone conversations.

He said the PTI chairman is imprisoned in Attock Jail under the Official Secrets Act, 1923 and the prisoners booked under the act do not have the facility of a public call office (PCO).

Imran’s lawyer contended that the jail superintendent is misinterpreting the jail manual.

He said according to the manual, convicted prisoners cannot make a call to their relatives but this restriction does not extend to the under trial prisoners (UTPs), adding that Imran Khan is also a UTP in the cipher case. The court, while seeking clarification from the Attock Jail superintendent, postponed the hearing until September 28.