Plea for Imran's transfer to K-P jail rejected

CB removes RO's objections to PTI petition for May 9 probe

ISLAMABAD:

The Constitutional Bench of the Supreme Court on Tuesday dismissed a petition for the transfer of PTI founder from Adiala Jail to a prison in Khyber-Pakhtunkhwa (K-P).

It also sought government's reply whether it wanted contempt of court proceedings against Imran Khan.

The seven-member bench, led by Justice Aminuddin Khan, removed objections raised by the Registrar Office to Imran's petition for the formation of a judicial commission for investigation into the May 9 violence.

The bench also heard petitions concerning the trial of civilians in military courts. During the hearing, lawyer Latif Khosa requested the transfer of detainees held by the military to regular jails. However, the bench denied the request.

The additional attorney general (AAG) informed the bench that the defence ministry's lawyer Khawaja Haris was suffering from stomach-ache, therefore he could not appear in the court. On that, the hearing was adjourned until Thursday (tomorrow).

The constitutional bench then began hearing the government's petition seeking contempt of court proceedings against the PTI founder. When Justice Khan asked whether the government wanted to pursue this case, the AAG replied that the government will follow the petition seriously.

The petition stems from PTI's long march, led by Imran on May 25 last year. The AAG told the court that the PTI founder violated the court order during the long march.

Justice Jamal Khan Mandokhail told the AAG that a contempt matter was between the court and the alleged contemnor.

Justice Aminuddin Khan added that if the court took notice of the matter, the PTI founder would have to appear in court to defend himself. He asked the AAG to take fresh instructions from the government in this regard.

Imran's lawyer Salman Akram Raja told the court that a reply had been submitted by the PTI founder, in which he said that the court's verbal order could not reach him. Raja added that Imran's lawyers could not be contacted due to the shutdown of mobile service. The hearing was adjourned indefinitely.

During the hearing of the PTI founder's petition for forming a judicial commission on the May 9 incidents, the bench removed the objections of the Registrar's Office, observing that the case would be heard on merit.

PTI's lawyer Hamid Khan said that there was an undeclared martial law in the country. To this, Justice Mandokhel reminded the lawyer that Article 245 of the Constitution permits the army deployment in aid of the civil government.

Also sitting on the bench, Justice Muhammad Ali Mazhar asked Hamid Khan how could he describe a constitutional authority as undeclared martial law.

Justice Musarrat Hilali said that even if the judicial commission was formed, it would only fix responsibility.

Meanwhile, the bench dismissed a petition seeking the transfer of the PTI founder from Adiala Jail to a K-P prison as inadmissible. The court also imposed a fine of Rs20,000 on petitioner Abdul Qayyum Khan for a baseless litigation.

The bench, while hearing the Asghar Khan case, ordered the AAG to submit the Ministry of Defence's response about the court order for doing away with the political cells in sensitive institutions. The AAG said that the FIA has closed inquiry in the Asghar Khan case.