Tag: IHC

  • No relief for Imran Khan and Shah Mehmood Qureshi

    No relief for Imran Khan and Shah Mehmood Qureshi

    A National Accountability Bureau (NAB) team, comprising of four members, conducted a thorough investigation at Adiala Jail, where Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan is currently detained in connection with a £190 million scandal, as per Geo News.

    The team, which included Mian Umer Nadim, Asim Munir, and Prosecutors Rooh ul Amin, and Haroon Baloch, spent over two hours scrutinizing the jail premises.

    After approximately one and a half hours of investigation, the team concluded its inspection and left the jail premises.

    The team will interrogate Khan for three days.

    Bail Rejected

    The Islamabad High Court (IHC) has recently rejected the post-arrest bail petition of former Foreign Minister Shah Mehmood Qureshi in the cipher case, directing the trial court to conclude proceedings within four weeks.

    The case accuses him, along with Imran Khan, of “unauthorisedly” communicating the contents of a classified document received from Washington, with unauthorised people i.e. the public at large.

    It is also alleged that Qureshi and Khan had a meeting on March 28, 2022 at Banigala, Islamabad, where a conspiracy was hatched to divulge the contents of the cipher for political advantage.

    The Chief Justice observed that the charges against Qureshi are punishable by death, and if proven, bail relief is typically avoided in such grave cases.

    Qureshi’s counsel argued that there was no evidence proving that Qureshi divulged classified information to the public. The trial of Qureshi and Imran Khan is currently taking place in Central Jail Adiala, Rawalpindi, as notified on October 3.

    However, the counsel argued that the notification did not mention Qureshi’s name.

    The Federal Investigation Agency’s (FIA) special prosecutor countered by stating that Qureshi had aided, abetted, and incited Imran Khan, making him liable under Section 9 of the Official Secrets Act, 1923.

    The prosecution emphasized that charges had been framed, and three witnesses had already given their evidence.

    Justice Farooq observed that under Section 109 of the Pakistan Penal Code, liability of the person, who abets the commission of offence, is that of a principal offender.

    The court order stated, “Undoubtedly, bail ought not to be held as punishment but where sentence involved is death or life imprisonment, the court has to proceed with caution; in this regard, the balance is to be maintained that liberty of a person ought not be compromised but gravity of charge or allegation is also to be kept in view.”

    Subsequently, the court dismissed the bail petition, but directed the Special Court (Official Secrets Act) “to conclude the trial within four weeks from the date of receipt of this order”.

    Toshakhana Case

    In a related development, an IHC division bench comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri restored Imran Khan’s petition seeking bail in the Toshakhana case.

    Khan’s bail petition was dismissed by the accountability court for non-prosecution.

    The court revived the bail petition with a direction to hear Mr Khan’s arguments and decide it on merit.

    The bench, however, dismissed Mr Khan’s identical petition seeking bail in the 190 million pounds corruption case for being infructuous as NAB has already arrested the ex-premier in this case.

    The cases

    The former prime minister is currently being held in Adiala Jail after his arrest from his Zaman Park residence in Lahore on August 5.

    He was moved to the prison on September 26 from Attock Jail where he was initially kept after his arrest.

    Khan was first convicted by a lower court in the Toshakhana case in August and sentenced to three years of imprisonment. The IHC suspended his sentence the same month.

    The Islamabad accountability court issued arrest warrants for PTI Chairman Imran Khan in the Toshakhana and 190 million Al-Qadir Trust cases on Tuesday.

    Khan was arrested in the Al-Qadir Trust case on May 9 for the first time.

    The 190 million (approximately Rs60 billion) settlement case pertains to the money of property tycoon, Malik Riaz, being laundered and caught by the UK authorities during Imran’s government in 2019.

    The UK government had informed the Pakistani authorities regarding the money being caught.

    The former premier is already in prison as he was subsequently booked in the ‘cipher’ case.

    In the cipher case, Khan, along with his close aide and former foreign minister Shah Mahmood Qureshi, has been accused of leaking state secrets.

  • Bushra Bibi wants solitary meeting with Imran Khan

    Bushra Bibi wants solitary meeting with Imran Khan

    In a notable development, Bushra Bibi, former First Lady, and the wife of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, has submitted a request to the Islamabad High Court (IHC) seeking permission for a solitary meeting with her husband, reported Geo News.

    The request filed by Bushra Bibi in the IHC emphasises the legal constraints that hinder private interactions on domestic matters.

    The application states that the court has granted permission for meetings with Chairman PTI every Tuesday.

    It further states that discussions on personal matters are challenging in the presence of prison officials. 

    Bushra Bibi, in her plea, implores the court to issue specific instructions to the Superintendent of Adiala Jail, ensuring that solitary meetings are facilitated in accordance with legal provisions.

    The former prime minister is currently being held in Adiala Jail after his arrest from his Zaman Park residence in Lahore on August 5.

    He was moved to the prison on September 26 from Attock Jail where he was initially kept after his arrest.

    Khan was first convicted by a lower court in the Toshakhana case in August and sentenced to three years of imprisonment. The IHC suspended his sentence the same month.

    The Islamabad accountability court issued arrest warrants for PTI Chairman Imran Khan in the Toshakhana and £ 190 million Al-Qadir Trust cases on Tuesday.

    Khan was arrested in the Al-Qadir Trust case on May 9 for the first time.

    The £ 190 million (approximately Rs60 billion) settlement case pertains to the money of property tycoon, Malik Riaz, being laundered and caught by the UK authorities during Imran’s government in 2019. 

    The UK government had informed the Pakistani authorities regarding the money being caught.

    The former premier is already in prison as he was subsequently booked in the ‘cipher’ case.

    In the cipher case, Khan, along with his close aide and former foreign minister Shah Mahmood Qureshi, has been accused of leaking state secrets.

  • Arrest warrants issued for Imran Khan in two more cases

    Arrest warrants issued for Imran Khan in two more cases

    An Accountability Court in Islamabad on Monday issued arrest warrants for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in cases pertaining to the Toshakhana and 190-million-pound Al-Qadir Trust. 

    The National Accountability Bureau (NAB) filed an application to comply with the arrest warrants of Chairman PTI.

    Judge Mohammad Bashir conducted the hearing on the two cases where NABfiled an application seeking Khan’s arrest warrants.

    Judge Bashir approved the issuance of the warrants while directing the jail superintendent to take measures to ensure the warrants were complied with.

    Deputy Prosecutor General NAB Sardar Muzaffar Abbasi, Prosecutor Irfan Bhola, Investigation Officers Mohsin, Waqarul Hasan, Mian Umar Nadeem, and others appeared before the court.

    The court asked the prosecutor what the High Court did in these cases.

    To which the prosecutor replied that the matter was pending, mentioning that the court neither suspended the order nor issued a standing order.

    The warrants are expected to be complied with in jail today. Imran Khan will be provided with a copy of the warrant as well as briefed about the reasons for his arrest.

    Sources said that the NAB has decided to immediately arrest Khan after the issuance of his arrest warrants, as per Aaj News.

    The anti-graft body is likely to arrest the PTI chief today from Adiala jail where a team including investigation officers of the Bureau will arrive to ensure compliance with the warrants, they added.

    The former prime minister is currently being held in Adiala jail after his arrest from his Zaman Park residence in Lahore on August 5.

    He was moved to the prison on September 26 from Attock jail where he was initially kept after his arrest.

    Bushra Bibi in trouble

    Earlier today, former First Lady Bushra Bibi was summoned by NAB in a £190 million case, and as per media reports her arrest could be on the cards.

    Bushra was summoned at 2 pm to the NAB office in G-6 in Islamabad. Farhat Shahzadi, alias Farah Gogi, a former close aide of Bushra, has also been summoned in the same case today.

    Moreover, NAB also provided Bushra Bibi with an 11-point questionnaire in the Al-Qadir Trust case. 

    During her appearance in the NAB office, Bushra Bibi was questioned about Farah Gogi.

    The questionnaire given to her also included queries about her relations with Farah Gogi, the reasons for creating Al-Qadir Trust, whether she took any courses in jurisprudence or pedagogy, whether she continued to receive benefits from Al-Qadir Trust as a teacher, whether she was satisfied with Farah Gogi’s financial affairs and if Malik Riaz himself showed interest in Al-Qadir Trust or she contacted him. 

  • Jail trial of Imran Khan in Cipher case approved by caretaker cabinet

    Jail trial of Imran Khan in Cipher case approved by caretaker cabinet

    The caretaker federal cabinet has given the green light for the jail trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi in the cipher case, as per Geo News.

    The decision comes in response to security concerns, prompting the Ministry of Law to issue a no-objection certificate (NOC) for the trial on August 29, following requests from the Interior Ministry and Judge Abual Hasnat Zulqarnain.

    The Ministry of Law emphasized that the jail trial for the PTI chairman was deemed necessary due to security considerations.

    This approval sets the stage for an intra-court appeal filed by Imran Khan against the trial, scheduled to be heard by the Islamabad High Court (IHC) on November 14. The court has invited arguments from the attorney general.

    Imran Khan, who was ousted from the prime minister’s office in April last year through a no-confidence motion, initially contested the jail trial through a petition in the IHC.

    However, the court’s single bench, led by Chief Justice Aamer Farooq, dismissed the appeal on October 16, citing no apparent malice in conducting the jail trial and advising Khan to address his concerns in the trial court.

    The cipher case, invoking the Official Secrets Act 1923, was registered against Khan and Qureshi in August of this year by the Federal Investigation Agency (FIA), using Section 5 of the aforementioned law.

    The case revolves around a missing diplomatic cable allegedly containing a threat from the United States to overthrow the PTI government, according to the former ruling party.

    Both Imran Khan and Qureshi face allegations under the Official Secrets Act 1923 in the cipher case, related to a missing diplomatic cable, and are currently detained in Adiala jail.

    The IHC had earlier suspended Imran Khan’s three-year sentence in the Toshakhana case on August 29.

  • ‘Nawaz Sharif cannot play without his own umpires’: Imran Khan

    ‘Nawaz Sharif cannot play without his own umpires’: Imran Khan

    The legal saga surrounding Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s jail trial and the controversial cipher case took center stage in Islamabad this week.

    On Tuesday, three witnesses provided their testimonies against the PTI chief and his party’s Vice Chairman, Shah Mahmood Qureshi.

    Judge Zulqarnain presided over the proceedings at Adiala jail under the special Official Secrets Act court. PTI legal representatives included Barristers Salman Safdar, Taimur, and Gohar Ali Khan, while special prosecutors comprised of Shah Khawar, Zulfikar Abbas Naqvi, and Raja Rizwan Abbasi.

    During the proceedings, PTI’s lawyer, Salman Akram Raja, representing Khan, raised concerns over the trial’s confined space within the jail premises, emphasizing that it wasn’t in line with legal protocols.

    Family members met the two leaders before witnesses’ statements and cross-examination were conducted; legal teams consulted with Khan and Qureshi. The PTI chief met with his wife Bushra Bibi and sisters Aleema Khan, Noreen Khanum, and Uzma Khan, within the jail premises.

    Qureshi’s daughter, Meharbano, was also present during the trial. She also spoke with the media outside the jail, and demanded justice and a fair trial for her father.

    “Let the family in; no one can have security concerns from their family. Fair trial is my father’s right and as a daughter, I have the right to see the trial,” she added.

    Contempt of court petition

    Adiala jail superintendent responded to the contempt of court petition filed by Khan on Wednesday, requesting the court to dismiss the contempt of court petition.

    “Can’t even think of disobeying the court order,” he stated in his reply.

    The superintendent told the court there is no permanent facility to make phone calls abroad on WhatsApp. He informed the court that the PTI chief spoke with his children on October 18, after the jail took special measures to make the call possible.

    “Arrangements are made for prisoners to speak with family and lawyers at the jail PCO,” he said, adding that the court can direct the Punjab Home Department to amend the rules with regard to making phone calls.

    The court, meanwhile, adjourned the hearing of the contempt petition till Monday due to the absence of Judge Abual Hasnat Zulqarnain.

    Islamabad High Court

    Islamabad High Court’s Justice Miangul Hassan Aurangzeb asked the Attorney General of Pakistan to ensure that the cipher case trial was not conducted in an inappropriate manner, otherwise, it might collapse like a house of cards.

    An IHC bench, comprising Justice Aurangzeb and Justice Saman Rafat Imtiaz, heard the intra-court appeal filed by Khan against his jail trial and the appointment of the special court’s judge in the cipher case.

    The court adjourned the proceedings to November 14, allowing time for the attorney general to present arguments.

    Nawaz wants his own umpires

    Talking to media persons outside Adiala Jail, Imran Khan’s lawyer Barrister Umair Niazi said the PTI chief had criticised PML-N supremo Nawaz Sharif and PPP Chairman Bilawal Bhutto-Zardari and also rejected the trial of civilians in military courts.

    The PTI lawyer quoted Mr Khan as saying that Nawaz Sharif cannot play without his own umpires and is again looking towards them. All political parties, except the PML-N, are calling for a level playing field, he added.

    Khan expressed concern over the fresh wave of terrorism in the country and said this was because of a “weak” Afghan policy as Mr Bhutto-Zardari, being the foreign minister, did not visit Kabul to address the issue of terrorism.

  • Nawaz gets relief as NAB refuses to arrest him: Court

    Nawaz gets relief as NAB refuses to arrest him: Court

    The Islamabad High Court (IHC) said on Tuesday that former prime minister and Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif got relief because National Accountability Bureau’s (NAB) refused to arrest the former PM.

    On October 19, the IHC granted a two-day protective bail to the former prime minister in the Al-Azizia and Avenfield references.

    The decision was then followed by the IHC’s verdict on October 26, which restored Nawaz’s appeals against his conviction by accountability courts in the two cases and also granted him bail.

    The court restored Nawaz Sharif’s application against sentence in the Avenfield and Al-Azizia cases “due to explicit and unambiguous stance” taken by the anti-graft body of not objecting to the petitioner’s plea.  

    “Since the learned prosecutor general, NAB did not oppose the applications for the restoration/resurrection of the appeals, the applications are allowed and the appeals are restored with all legal consequences,” read the order by IHC Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb.

    “These applications were allowed, and the appeals were resurrected. They are to be heard and decided by this Court on merits,” the court added.

  • 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.