Despite his incarceration in the cipher case, a special court judge, Abual Hasnat Zulqarnain, ordered the Adiala jail superintendent to allow Imran Khan to speak with his sons by phone.
In response to the PTI chief’s plea seeking court permission for the aforementioned request, the special court issued a one-page written order under the Official Secrets Act 2023.
In September last year, the former prime minister, whose government was sent home after a no-confidence motion in April, filed a lawsuit against the superintendent of Attock jail for allegedly refusing to allow him to speak with his sons.
After being convicted in the Toshakhana case on August 5, Khan was in judicial custody at the Attock jail until September 13 in the cipher case.
The special court formed to hear cases under the Official Secrets Act allowed him to speak to his sons earlier. In the petition, the PTI chief sought contempt of court proceedings against the Attock jail superintendent.
According to the Attock jail authorities, the accused facing charges under the Official Secrets Act are not allowed to speak on the phone under jail rules.
Khan’s court order permitting him to contact his sons was not violated, according to the superintendent. It is prohibited for prisoners to make calls to foreign numbers in accordance with the Prisoners Act, 1978.
Rawalpindi’s Adiala jail is currently housing the former premier.
Khan’s constitutional rights cannot be ignored
Jail manuals prohibit the accused from having a telephone conversation and communicating abroad, according to the Adiala jail superintendent.
According to the court, the constitutional rights of the PTI chairman’s family cannot be ignored.
An interesting exchange took place between the judge and Khan’s counsel, Shiraz Ahmed Ranjha, as the court awaited the submission of Standard Operating Procedures (SOPs) regarding telephone conversations.
Imran Khan should be provided with a bicycle for exercise in jail, according to his lawyer.
Accordingly, the judge joked: “I have already informed the jail authorities about the bicycle. I don’t want it to be misused and driven by the jail superintendent.”
If the court permits, I will provide the bicycle today. If there are concerns, appoint a person to supervise the use of the bicycle,” the lawyer requested.
According to the judge, the court must review the jail manual, since an under-trial accused’s safety is vital.
According to the SOPs regarding telephone conversations presented to the court, the accused was not permitted to speak on a phone call.
According to Khan’s lawyer, the Official Secrets Act does not prohibit him from having a telephone conversation with his family. The Prisoner’s Rules allow a meeting with the wife and children in jail for 12 hours.
Other accused also have the right to a telephone conversation, he insisted. Prisoners can make telephone calls on Saturday.”
A show-cause notice should also be issued to the Attock jail superintendent for making a false statement.
The judge asked Ranjha to show him the written permission to speak abroad in the prison manual.
Lawyer contested, submitting the relevant verdict of the Federal Shariat Court before the judge, saying that it was not allowed in the prison manual.
After that, he gave the PTI chairman permission to speak to his sons over the phone.
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