IHC to rule today on Imran’s plea against Toshakhana sentence

ISLAMABAD: While the Islamabad High Court on Mon­day reserved its decision on PTI Chairman Imran Khan’s petition seeking the suspension of prison term he was awarded in the Tosha­k­h­ana case, the Attock jail auth­orities in a separate development submitted a report in the Supreme Court, detailing the facilities being provided to the ex-prime minister.

The judgement is expected to be announced on Tuesday (today) as the IHC division bench comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahan­giri concluded the proceedings.

According to the report submitted to the Supreme Court, Mr Khan’s diet included desi chicken twice a week and mutton cooked in desi ghee once a week. The convict has been provided with mattress, four pillows, table, chair, prayer mat and air cooler, a 21-inch LED TV in addition to newspapers.

However, the federal government rejected the idea of convening six days a week meetings of Mr Khan since it may jeopardise the rights of 982 other prisoners.

Report shared with SC says PTI leader given chicken, mutton cooked in desi ghee in addition to normal meals

However, the report furnished by Attorney General for Pakistan said, the convict has been allowed to meet with his family members, lawyers and friends for which days and time have been allocated under Rule 92 and Rule 538 of the Pakistan Prison Rights (PPR) 1978.

The report prepared by the jail superintendent brushed aside reports about the installation of a camera inside Mr Khan’s prison cell.

IHC proceedings

In his arguments at the IHC, ECP counsel Amjad Pervaiz described the petitioner’s objections to the maintainability of the ECP’s complaint as baseless.

He pointed out that magistrates and the sessions judges both conduct the trials under the CrPC, hence the objection that the complaint against Mr Khan for concealing the state gifts was not routed through the magistrate as provided in the Elections Act was baseless.

He said the same procedure was provided in the erstwhile Representation of Peoples Act, which was merged in the Elections Act. However, not a single complaint against any lawmaker was routed through the magistrate and all the complaints were entertained by the sessions court directly.

He rebutted the PTI legal team’s arguments that the complaint was not processed through an authorised officer. He said the ECP had delegated powers to its secretary to authorise any officer to file the complaint.

Regarding closing Mr Khan’s right of defence and not permitting him to produce his witnesses, the lawyer argued that defence witnesses were not relevant as these were tax consultants, whereas the complaint accused the ex-PM of submitting untrue declaration of assets.

He also objected to the plea seeking suspension of Mr Khan’s three-year sentence, saying this is not the matter of right but the discretion of the court which could be exercised judiciously.

He said superior courts in a number of cases had denied petitions seeking suspension of even one-year sentence.

During previous hearings, Mr Khan’s counsel Sardar Latif Khan Khosa focused on three aspects — suspension of his client’s short sentence, jurisdictional defect and improper authorisation.

Report on facilities

The jail superintendent’s report, filed in the SC to comply with its Aug 24 order, explains that on the convict’s demand, twice a week desi chicken and once a week mutton cooked in desi ghee has been provided to him.

Since being in a better class, the prisoner is also entitled to prepare his food under Rule 258 of PPR for which the diet menu in consultation with the convict has been prepared that includes bread, omelette, yogurt and tea in the breakfast; seasonal fruits on a daily basis, seasonal vegetables, roti, yogurt, salad, dal gram, dal mash, mixed dal as lunch on different dates, besides rice, dal, yogurt, salad, or rice, yogurt and salad in the dinner on a daily basis.

The report suggested that on Aug 5, the convict developed an issue of insomnia and took sleeping pills but denied when offered routine baseline investigations.

Earlier, Bushra Bibi moved an application before the top court, expressing apprehensions that her husband was under serious threat and his health was deteriorating fast.

According to the fresh report, Ms Bibi met Mr Khan thrice — on Aug 10, 15 and 17 — besides his lawyers Khosa, Babar Awan, Naeem Haider Panjhotha and Umair Khan Niazi also met him on different dates. The convict is a high-profile prisoner and prison authorities have to take extraordinary security measures during the process of his interview, it said.

Security arrangements restrict movement of prisoners and their day-to-day affairs, it said, adding that to ensure safe custody of the convict, 53 officials from other jails have been temporarily attached at the Attock jail. Three cameras have been installed in the strolling shed to monitor the movement of the staff and the prisoner to ensure his safety. No camera has been installed inside the high-profile prisoner’s cell.

Besides, two cameras have been installed outside the high observation block and wireless sets have been given to the staff for timely communication.

The report says the convict has been confined in a cell measuring 9x11 feet, which has been whitewashed, its flooring cemented and a ceiling fan installed.

On Aug 18, the washroom in the cell was extended to 7x8 feet and its wall raised to five feet. A fibre door of 2 1/2x5 feet has been installed. A new commode of Porta, Muslim shower, tissue stand and stainless steel tap have been installed in the washroom. Outside, a washbasin with large size looking glass has been installed for ablution and face wash. The walls of washroom have been plastered and distempered, the report explained.

An official sanitary worker has been detailed for two hours daily for cleanliness of the cell, washroom and washing of the petitioner’s clothes. Besides the confinement area was properly cleaned and its hygiene was ensured by the sanitary worker with cleaning articles, including phenyl, the report said.

Published in Dawn, August 29th, 2023

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