IHC orders enquiry into denial of lawyer's access to Imran Khan

Dawn reported that the directive came during a hearing on a contempt of court petition filed against Adiala Jail officials for failing to comply with court orders.

Justice Sardar Ejaz Ishaq Khan, who presided over the hearing, directed jail authorities to facilitate Bangash's visit to ascertain the facts.

During the proceedings, the jail administration claimed that Khan had personally refused to meet Yousafzai when her name was presented to him. However, this assertion was met with skepticism from the court, as authorities had previously assured that the meeting would take place.

Mashal Yousafzai, who appeared in court alongside her lawyer Shoaib Shaheen, contended that multiple petitions had been filed on the issue but were assigned to a different court, delaying resolution. Meanwhile, the state counsel presented a handwritten list, purportedly submitted by Imran Khan himself, listing the lawyers he had declined to meet.

This claim raised further concerns, as the court questioned its authenticity and whether it accurately reflected Khan's intentions. Justice Khan expressed displeasure over the jail authorities' failure to comply with previous directives and emphasised that denying access despite clear court orders could amount to contempt.

To resolve the matter, the court directed Adiala Jail officials to ensure that Imran Khan was presented via video link at 2 p.m. or, if that was not feasible, in person at 3 p.m. Failure to do so, Justice Khan warned, would prompt legal action against the Islamabad police chief.

Additionally, the court asked Khan to provide a written statement confirming or denying whether Mashal Yousafzai was his legal representative, addressing concerns about the legitimacy of her claim.

When the hearing resumed later in the day, Adiala Jail Superintendent Abdul Ghafoor Anjum appeared before the court and was questioned about the delay in facilitating the meeting. He stated that he had been out of town and reiterated that Imran Khan had refused to meet Yousafzai.

However, the court remained unconvinced, pointing out inconsistencies in the authorities' responses and reaffirming its commitment to ensuring due process, reported Dawn.

Advocate General for Islamabad Ayaz Shaukat later informed the court that presenting Khan via video link was not possible due to security concerns. In response, Justice Khan ordered both the jail administration and the Islamabad inspector general to submit affidavits detailing their compliance with the court's directives.

Court clerk Sakina Bangash has been tasked with visiting Adiala Jail to verify whether Imran Khan had indeed refused the meeting with Yousafzai. She is also expected to assess whether the former prime minister's meetings with other associates are being arranged in accordance with legal provisions.

A list of six lawyers, signed by Khan, was presented before the court, raising further questions about the validity of the power of attorney.

During the hearing, the jail administration informed the court that Khan, his wife Bushra Bibi, and his legal team had been scheduled to meet on Tuesday.

However, Yousafzai remained skeptical about the fairness of the process and questioned whether justice would be served. In response, Justice Khan reassured her that the court was taking the necessary steps to verify the facts and uphold the rule of law.

The court adjourned the proceedings until March 21, instructing Bangash to complete the inquiry and present her findings in the next hearing.

Separately, the Lahore High Court (LHC) on Friday granted the Election Commission of Pakistan (ECP) additional time to submit its response to Imran Khan's petition challenging his jail trial in a contempt case.

A three-member bench, headed by Chief Justice Aalia Neelum, resumed hearing the petition. The ECP's counsel cited the need to compile necessary documents as the reason for the delay in submission. The bench expressed dissatisfaction over the reply's non-submission but allowed the request, adjourning the hearing.

Khan's petition challenges the ECP's November 30, 2023, decision to conduct his trial within Adiala Jail due to unspecified security concerns. The petition argues that the move violates several fundamental rights, including the right to a fair trial under Article 10-A of the Constitution, Dawn reported.

Khan has urged the court to overturn the ECP's decision and direct authorities to hold a public trial with full access for his legal team, media, and the public. (ANI)