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Tag: IHC

  • Court rejects Khan’s appeal seeking bail, cancellation of FIR in cipher case

    Court rejects Khan’s appeal seeking bail, cancellation of FIR in cipher case

    The Islamabad High Court (IHC) on Friday has rejected former prime minister Imran Khan’s appeal requesting bail and cancellation of the first information report (FIR) in the cipher case on Friday.

    The verdict, reserved on October 16, was read out by IHC Chief Justice Amir Farooq.

    Khan’s lawyer, Latif Khosa, stated during the last hearing that an FIR against his client should not be registered as the federal cabinet of the former prime minister declassified the cipher.

    Another PTI lawyer, Salman Safdar, said that Section 5 of the Official Secrets Act was not relevant in the cipher case.

    He also mentioned that Section 5 could be applied for sharing sensitive information with foreigners, and this “main ingredient is missing” in the FIR against former prime minister.

    The FIR was registered against PTI’s chairman and the party’s vice chairman, Shah Mahmood Qureshi, for misusing the cipher for their political motives.

  • Court rejects Khan’s intra-court appeal against jail trial

    Court rejects Khan’s intra-court appeal against jail trial

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s intra-court appeal against jail trial in the cipher case got rejected by the Islamabad High Court (IHC) on Tuesday.

    A two-member IHC bench heard the case.

    PTI chief’s counsel Salman Akram Raja contended before the bench that the federal government did not have the authority to issue a notification for holding Khan’s trial in prison.
    Raja told the court that the federal government has no power to issue a notification for conducting Imran Khan’s trial in jail.

    The lawyer further stated before the court that issuing a notification is the responsibility of Islamabad commissioner, adding that a single bench of IHC had decided in favour of the federal government that it could appoint a judge of its choice.

    “They are judicial officers. The federal government does not have any authority to ‘pick and choose’ [judges],” he added.

  • Nawaz’s legal team files protective bail to prevent him from being arrested

    Nawaz’s legal team files protective bail to prevent him from being arrested

    The legal team of frmer prime minister and Pakistan Muslim League-Nawaz (PML-N) leader Nawaz Sharif has filed a bail petition in Islamabad High Court (IHC) to prevent officials from arresting him when he reaches Pakistan on October 21.

    Sharif was declared a proclaimed offender by IHC in the Avenfield and Al-Azizia cases due to non-compliance. After that, he went to London in November 2019 for medical treatment with the permission of the court.

    An accountability court sentenced Nawaz Sharif for 10 years in 2018 in the Avenfield and Al-Azizia references.

    His appeal against the sentence was rejected by an IHC bench comprising of IHC Chief Justice Aamer Farooq and Mohsin Akhtar Kayani for non-compliance.

    The Lahore High Court (LHC) suspended the sentence of the three-time former prime minister in Al-Azizia reference in 2019 because of his medical condition.

    Nawaz Sharif is also a fugitive in the Toshakhana case.

    His legal team has filed three protective bail applications, requesting that the IHC direct authorities not to arrest Sharif when he returns to country on October 21.

    After that, the court sent out a notice on Nawaz’s request for protective bail and requested an answer from the NAB by tomorrow.

  • Court rejects Imran Khan’s petition challenging jail trial in cipher case

    Court rejects Imran Khan’s petition challenging jail trial in cipher case

    The Islamabad High Court (IHC) has said that security concerns justifying Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s jail trial in the cipher case are valid.

    IHC Chief Justice Aamer Farooq announced the verdict on the PTI chairman’s petition, which challenged the decision to conduct his trial at Adiala Jail in a case registered under the Official Secrets Act.

    The IHC directed Imran Khan to bring forth his concerns regarding the matter before the trial court.

    The PTI chairman, whose government was ousted following a vote of no confidence in Parliament last April, has petitioned the IHC to conduct his trial in a courtroom rather than in prison.

    “The jail trial is in favour of the PTI chairman in view of his security,” the court said, adding that Khan has repeatedly expressed fears about his safety.

    On the other hand, PTI Vice Chairman Shah Mehmood Qureshi has submitted a petition to the IHC, contesting his imprisonment trial and urging the court to nullify the trial court’s decision from October 9. In that ruling, the special court announced that both politicians would be indicted in the cipher case on October 17.

  • What does Bushra Bibi want to give Imran Khan in jail?

    What does Bushra Bibi want to give Imran Khan in jail?

    Imran Khan’s wife, Bushra Bibi, has approached the Islamabad High Court seeking protection for her husband and expressing concerns about his safety in jail. She has requested permission for homemade food for Imran Khan, while his legal team has claimed that his life is in danger.

    The IHC has issued notices to respondents in Bushra Bibi’s case and is considering her request to provide homecooked food to Imran Khan. The court has adjourned the hearing until next week.

    Imran Khan, the Chairman of PTI, has taken his case to the Islamabad High Court (IHC) in an effort to suspend a trial court’s verdict in the Toshakhana case. This move comes after the IHC previously suspended his three-year sentence in the same case about a month ago.

    In August, a trial court in Islamabad found Imran Khan guilty of “corrupt practices” related to concealing details of state gifts and sentenced him to three years in prison. While Additional District and Sessions Judge Humayun Dilawar had ordered the capital police chief to arrest Imran, he was instead arrested by the Punjab police, who took him to the Attock district jail. The Supreme Court later acknowledged “procedural defects” in Imran’s conviction by the trial court, suspending his sentence.

    Following the suspension of his Toshakhana case sentence, Imran Khan was detained in the cipher case and has been in judicial remand, which was extended until October 10. Recently, he was moved to Adiala jail from Attock jail under the IHC’s directives.

    Imran Khan, represented by senior lawyer Sardar Latif Khosa, has filed a petition with the IHC seeking the rectification of the order that suspended the Toshakhana case verdict. The petition requests the suspension of the order until the final appeal decision and also seeks permission to make the state a respondent in the appeal.

    The petition argues that the IHC has the authority to suspend the impugned order and sentence under the relevant sections of the Criminal Procedure Code. It highlights an omission in recording the counsel’s request for suspension of the trial court verdict, which has affected Imran Khan’s rights, including his disqualification from elections by the Election Commission of Pakistan (ECP).

    The petition further alleges mala fide intentions on the part of the ECP in disqualifying Imran Khan and mentions attempts to remove him from the leadership of PTI and prevent him from participating in general elections.

    In a related development, the Special Court (Official Secrets Act) handling the cipher case against Imran Khan and former foreign minister Shah Mehmood Qureshi is expected to indict both leaders on October 9. The case involves the disclosure of classified diplomatic information.

    During the trial behind bars, the prosecution requested in-camera proceedings, but the judge ruled that the trial would commence after framing charges against the suspects and that proceedings were already being conducted inside Adiala Jail. The IHC rejected the FIA’s request for an in-camera hearing of their post-arrest bail petitions in the cipher case.

  • Court issues notice to FIA for Imran Khan’s bail plea in cipher case

    Court issues notice to FIA for Imran Khan’s bail plea in cipher case

    The Islamabad High Court (IHC) has issued a notice to the Federal Investigation Agency (FIA) regarding the Pakistan Tehreek-e-Insaf (PTI) Chairman plea seeking bail before arrest in the cipher case.

    The court issued the notice during the hearing of Khan’s petition challenging the decision of the special court in a diplomatic document case. Imran Khan filed the plea on Saturday.

    The bail pleas of Imran Khan and vice president of PTI Shah Mahmood Qureshi in the missing cipher case got rejected by the special court made under the Official Secrets Act.

    PTI’s lawyer, Salman Safdar, filed a petition on behalf of Imran Khan while IHC Chief Justice Aamer Farooq issued the notice to FIA in response to the petition.

    Imran Khan’s legal team repeatedly requested an early hearing of the case, but the chief justice of the IHC said that the case would be decided according to proper procedure.

    On the other hand, the court ordered the FIA to submit its response regarding Imran Khan’s petition.

  • ‘What the trial court did was wrong’: Chief Justice IHC

    Islamabad High Court (IHC) Chief Justice Aamer Farooq said on Friday that the trial court which convicted Tehreek-e-Insaf (PTI) chief Imran Khan in the Toshakhana case, “did wrong”.

    The judge made these remarks during the hearing of Imran Khan’s appeal challenging the Toshakhana judgment. It should also be remembered that Imran is already in Attock jail, serving a three-year sentence.

    CJ Farooq and Justice Tariq Mehmood Jahangiri are part of the bench hearing the appeal of the suspension of Imran Khan’s sentence in the Toshakhana case.

    The Election Commission of Pakistan’s (ECP) lawyer, Amjad Parvez, was absent from today’s hearing. His assistant said that Amjad is unwell.

    His assistant advocate also asked the bench for an adjournment, saying, “For the last eight months, we never sought adjournment.”

    At this point, the IHC chief justice said, “The request for suspension of sentence is now at a critical stage. We can also do what the trial court did, but we will not.”

    “We adjourn the case till Monday, and even if no one comes, we will announce our decision,” Justice Farooq said, adding that what the trial court had done was wrong.

  • Relief for PTI; IHC issues release orders for Shandana Gulzar and Shehryar Afridi

    Relief for PTI; IHC issues release orders for Shandana Gulzar and Shehryar Afridi

    The Islamabad High Court (IHC) has on Wednesday ordered the immediate release of Pakistan Tehreek-e-Insaf (PTI) leaders Shandana Gulzar and Shehryar Afridi after suspending their arrest warrants under Maintenance of Public Order (MPO).

    The IHC had previously ordered that both Shandana Gulzar and Shehryar Afridi be presented in court.

    IHC conducted a hearing against the detention of both the leaders under the MPO on Tuesday.

    Afridi’s lawyer Sheer Afzal Marwat told the court that, “This is the seventh MPO order passed against Afridi, and the accused has been in jail for 90 days.”

    IHC judge Justice Babar Sattar asked, “Before this, which MPO order was passed by the deputy commissioner?”. The order against Shehryar Afridi was then read aloud by the counsel.
    The lawyer told the court, “Arrests were made in seven cases, but his client was later released on bail. Seven MPO orders issued against Shehryar Afridi so far have been declared illegal by courts.”

    The court further asked, “Where the MPO has not been issued?” To this question, the lawyer told the court that MPO orders have not been issued in Balochistan and Sindh.

    Justice Babar Sattar remarked, “If you have to keep a citizen in custody, you will have to provide reasons.”

    The court restricted Shehryar Afridi from speaking on media or social media until the trial ends.

  • IHC summons Toshakhana case records for PTI Chairman’s Trial

    IHC summons Toshakhana case records for PTI Chairman’s Trial

    The Islamabad High Court (IHC) has taken steps to obtain the records of the Toshakhana case involving the imprisoned Pakistan Tehreek-e-Insaf (PTI) chairman, Imran Khan, who is currently serving time in Attock Jail.

    The division bench of the IHC, comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, issued the directive in response to Imran’s appeal against his conviction in the Toshakhana case.

    In an official statement released today, the IHC has issued an order to the district election commissioner of Islamabad which states, “Notice to the respondent. Office is directed to requisition the record of the learned Trial Court.”

    On August 5, a District and Sessions Court gave a three-year prison sentence to the PTI chairman as part of the Toshakhana criminal case.

    The court also imposed a fine of Rs 100,000 on Imran Khan. Additionally, the former prime minister was prohibited from holding any public office for a duration of five years.

    The court’s verdict emphasized that the former prime minister had knowingly provided false information regarding Toshakhana gifts to the ECP and was found guilty of engaging in corrupt practices.

    Subsequently, he was arrested from his residence in Zaman Park, Lahore, and transferred to Attock Jail.

  • IHC to hear PTI petition about Imran Khan’s transfer to Adiala Jail

    The Islamabad High Court (IHC) will hear a petition asking that former Prime Minister Imran Khan be transferred from Attock Jail to Adiala Jail after the Pakistan Tehreek-e-Insaf (PTI) Chairman was sentenced to three years incarceration in the Tosha Khana case.

    IHC Chief Justice Aamer Farooq will hear the petition today. Earlier, Pakistan Tehreek-e-Insaf (PTI) had filed a petition in the IHC to transfer Imran Khan from Attock Jail to Adiala Jail to get A-class facilities.

    “Keeping in view the petitioner’s social and political status, his education, and his being accustomed to a better living style, the Petitioner was entitled to A-Class facilities in terms of Rule 243 read with Rule 248 of the Pakistan Prison Rules,” the petition read.

    It is also requested in the plea that personal physicians and family members be allowed to meet him.

    Imran Khan’s lawyer said on Monday, after meeting his client in jail, that Imran Khan has been kept in an unhygienic and suffocating environment. However, he stressed that Khan’s morale was high.