The Islamabad High Court (IHC) has raised objections to PTI Chairman Imran Khan’s transfer from Attock Jail to Adiala Jail, citing jurisdictional issues and a missing signature on the power of attorney.
The registrar’s office of the high court flagged the lack of jurisdiction as a significant objection to Imran Khan’s transfer request.
Despite the objections, the court is expected to schedule a hearing for the petition tomorrow, considering the submitted objections as part of the proceedings.
In the petition submitted to the court, Imran Khan’s legal team asserts that his detention in Attock Jail should be declared illegal.
The plea further implores the court to grant him all privileges associated with ‘A class’ jail facilities, affording him the appropriate accommodations for his current status.
Moreover, the petition underscores that Imran Khan’s fundamental rights should be upheld without exception, particularly emphasizing the right to have meetings with lawyers and family members.
Furthermore, the petition includes a specific request for Dr. Faisal Sultan to be allowed to conduct a thorough medical check-up of the PTI chairman.
In a related development, the PTI submitted a petition to the Supreme Court, requesting the court to declare “null and void” the verdict of Additional and Sessions Judge (ADSJ) Humayun Dilawar. Dilawar sentenced PTI Chairman Imran Khan to jail for three years in the Toshakhana case on Saturday.
The petition filed by Advocate Sama Safdar under Article 184(2) of the Constitution argued that the Toshakhana case be reheard as Khan had not been given a fair trial.
“A fundamental right under Article 10A, The Right to a Fair Trial, has been denied to Mr Imran Khan, the former prime minister of Pakistan in relation to his conviction in the Toshakhana case,” the petition read.
Khan was arrested on August 5 after Dilawar convicted him of corrupt practices related to the state gift depository. ADSJ Dilawar sentenced Khan to three years in jail, along with a fine of Rs100,000, while issuing an arrest warrant for his immediate arrest. After his arrest, Khan was moved to Attock jail.
The petition argued that not only was the judgement passed in haste it was also declared in Khan’s absence and was “in complete disregard” of the directions of the Islamabad High Court.
“That order of the Honourable Islamabad High Court dated 04.08.2023 distinctly remanded back the issue of maintainability to the learned Additional Sessions judge with the directions to decide it afresh.
“However, undermining this directive, the Learned judge bypassed any fresh decision-making and dismissed the application in violating haste and without objective evaluation of the case, subverting principles of natural justice,” the petition read.
Earlier today, the party also approached the IHC petitioning that Khan be moved to Adiala jail and be provided better or A-class facilities, since he was “accustomed to a better mode of life.”
