Confusion persists despite Imran's jail transfer order

The capital's high court did pass an order on Monday to transfer former prime minister Imran Khan from Attock Jail to Rawalpindi's Adiala Jail. However, confusion persisted until the early hours of the day regarding whether or not the authorities had complied with the order.

Imran Khan, after his conviction in the Toshakhana case on August 5, had been shifted to Attock Jail, located some 90 km west of the federal capital, "due to security concerns."

On August 29, the Islamabad High Court (IHC) suspended the PTI chairman's sentence in the case. However, freedom eluded the former premier as the Federal Investigation Agency (FIA) arrested him on the same day in a case related to the alleged illegal possession and use of a diplomatic cipher.

In the meantime, lawyers for the PTI chief moved the IHC, seeking the transfer of the PTI chief to Adiala Jail. A single-member bench comprising IHC Chief Justice Aamer Farooq accepted the petition.

During the hearing, Justice Farooq noted that after the suspension of his sentence in the Toshakhana case, Imran was no longer a convict but an undertrial prisoner, facing trial in the diplomatic cipher case. He pointed out that all undertrial prisoners from Islamabad are detained at Adiala Jail.

"Why is Imran Khan still detained at Attock Jail then? The trial court [that convicted Imran Khan in the Toshakhana case] had also ordered that the PTI chief be jailed at Adiala Jail," the judge said while addressing the Additional Attorney General (AAG).

In his argument, the AAG stated that the special court conducting the cipher case trial had ordered that Imran be detained at Attock Jail, citing security reasons. However, the judge pointed out that the special court judge issued this order as the accused was already incarcerated in that jail. "Would the special court hold Imran's trial in Rahim Yar Khan Jail if you decided to transfer him there?" the judge asked.

When the IHC judge accepted the PTI chief's request, Imran Khan's counsel requested him to also issue a written order. The judge noted that he would try to issue the written order on that day (Monday).

Taking to X, formerly Twitter, one of Imran's lawyers, Sher Afzal Khan Marwat, stated that the PTI chairman had been transferred to Adiala Jail.

"He has been kept in a room with a washroom and other facilities acceptable to a former prime minister under prison rules," his tweet said.

Some media outlets also claimed that the former premier was shifted to Adiala Jail in view of the IHC order. However, when contacted, authorities at Attock Jail declared such claims as baseless. They said the jail authorities had not received the court's written order so far.

Commenting on the confusion, another lawyer in Imran's legal team, Naeem Haider Panjutha, also wrote on X that it had come to his knowledge that the PTI chairman had been shifted to Adiala Jail.

"Now it is incomprehensible as to why the Attock Jail authorities, when contacted, are still saying that Khan Sahib is still there," he said.

According to sources at Attock Jail, the authorities received the IHC written order on Monday night. However, they did not divulge when the PTI chairman would be transferred to Rawalpindi.

Meanwhile, the Federal Ministry of Law issued a notification stating that it had "no objection" to the trial of accused Imran Khan by the Special Court presided over by Judge Abual Hasnat Muhammad Zulqarnain in the diplomatic cipher case today, September 26.

Interestingly, the notification did not mention where this trial would be held.

Exercise machine request

During the IHC hearing, Imran's counsel also requested the court to order jail authorities to provide Imran Khan with an exercise machine "as he is a sportsman."

The judge noted that the earlier division of A, B, and C classes had been abolished at jails, and now only two classes exist: the regular class and the better class.

"Imran deserves the better class. He should be provided with the facilities that he is entitled to as per the jail manual. He should not be deprived of these facilities," the judge said.