IHC orders privacy for Imran's legal team

Appoints three-member panel to observe lawyers' visits, trials

ISLAMABAD:

The Islamabad High Court has directed the Adiala Jail superintendent to ensure complete privacy during PTI founder's meeting with his counsel, adding if the court deems necessary it may direct the jailer to file an affidavit that no recording devices were installed in the consultation room.

Besides, the IHC also formed three-member commission as watchdog to observe the counsel's visits and representation in the jail courtroom for soliciting a neutral account.

During a hearing on a petition seeking unimpeded access to the PTI founder by his counsel, Superintendent Adiala Jail replied to the court notice, stating all measures are being taken and will be taken for the unimpeded access of the under-trial prisoner to his legal counsel and for the latter to participate in the ongoing trial without any direct or indirect obstructions.

IHC justice Sardar Ejaz Ishaq Khan observed that Imran's counsel and the jail authorities are at odds during hearings. The counsel told the court they are required to leave their cars at the prison's outermost gate and walk about a kilometre in hot and humid weather while carrying heavy bundles of documents.

Given the conflict of versions, the court appointed a three-member commission comprising Barrister Zopash Khan, Mubeen Ali Husnain Awan and Zohaib Hassan Gondal to get a neutral account.

As per IHC order, only one commissioner will observe the counsel's visits and representation in the jail courtroom at a time. "The local commissioner for the day will accompany the counsels to the prison and, should any counsel have a grievance regarding his access to the prison, the courtroom, or the under-trial prisoner, or regarding legal consultation with the under-trial prisoner, the local commissioner will provide an impartial report to apprise this court as to the events that actually transpired on the day," read the IHC order.

The IHC order directed that the vehicles of the petitioner's counsels would not be stopped at the outer gate of the prison but would be allowed to be driven to the innermost gate for vehicular access in the prison premises. "The necessary security checks at the outer gate, and, if it is routine practice, at the innermost gate, shall be completed within 10 minutes maximum from their arrival at the respective prison gates," the order added.

The court ordered the Adiala Jail superintendent to ensure complete privacy during the under-trial prisoner's meeting with his counsel and, if the need arises, "the superintendent Jail will be required to file an affidavit that no recording devices were installed in the room in which the consultation took place."

Since allegations of presence of police officers during such consultations have been made at the bar, the local commissioner for the day will also be allowed to be present on the request of the under-trial prisoner during the legal consultations, stated the IHC order.

The court stated that the directions would apply only in respect of counsels who have a power of attorney, adding such counsels will be allowed up to three associates to accompany them to the jail courtroom.

The court maintained the court's directives with regard to counsel's unimpeded access to the petitioner will apply on all trials which are taking place in the jail for the simple reason that these directions pertain to the hallowed right of access to justice and due process.