Tag: Islamabad High Court (IHC)

  • 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.

  • Bushra Bibi gets bail in Toshakhana, Al-Qadir Trust cases

    Bushra Bibi gets bail in Toshakhana, Al-Qadir Trust cases

    Imran Khan’s wife Bushra Bibi has been granted interim bail by an accountability court in Islamabad while barring the National Accountability Bureau (NAB) from arresting her in the Toshakhana and GBP 190-million Al-Qadir Trust cases.

    Bushra Bibi appeared in the court of duty Judge Raja Jawab Abbas along with her counsel Latif Khosa for pre-arrest bail.
    The interim bail was granted in exchange for bonds worth Rs500,000 in each case and the hearing was adjourned till October 31.

    ATC adjourns hearing on bail:

    The Anti-Terrorism Court (ATC) of Islamabad has postponed the bail hearing for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in three separate cases until October 24.

    These cases, two of which were registered at the Khanna police station and one at Bhara Kahu, require the court to carefully examine the details of each case. The court requested the relevant records for further review.

    During the hearing, Imran Khan’s lawyer, Salman Safdar, appealed for the production orders of his client, emphasizing that the Islamabad High Court had reinstated the bail applications, making Khan’s appearance in court necessary for all three cases.

    Safdar asserted, “Don’t think you have the powers of an Official Secrets Act court also. When a bail application is filed, it is decided on merit. If the court thinks the production cannot be ensured today, then the hearing should be held tomorrow. Whether the client has to be brought by a helicopter or an armored vehicle, it is the responsibility of the prison authorities.”

    Responding to the concerns raised, Judge Abul Hasnat Zulqarnain stated that if the suspect’s appearance posed a challenge, the court would prioritize the bail application where another case was scheduled for the following day. He emphasized that even though the application was for pre-arrest bail, the fact remains that the suspect is currently in jail.

    In response to the lawyer’s request to avoid conducting the bail application hearing within the jail premises the next day, the judge assured him that the appropriate relief would be provided as per the law.

    Cipher Case Updates:

    Islamabad High Court (IHC) has determined that the trial of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in a cipher case can proceed within the confines of Adiala jail, citing concerns about the leader’s security. Chief Justice Aamer Farooq made the announcement, responding to Khan’s plea challenging the authorities’ decision to hold the trial within the jail premises, under the Official Secrets Act.

    The court directed Khan to take up any reservations he might have regarding the matter directly with the trial court. Khan, whose government was ousted following a vote of no confidence in April last year, had sought for his trial to be conducted in a regular court, rather than within the jail’s confines.

    Citing security as a crucial factor, the court stated, “The jail trial is in favor of the PTI chairman in view of his security,” acknowledging Khan’s repeated expressions of concern about his safety.

    In a related development, PTI Vice Chairman Shah Mehmood Qureshi also filed a petition in the IHC, challenging his own jail trial. He requested the annulment of the trial court’s order and urged for an open trial. The special court had set the date for the indictment of both Khan and Qureshi in the cipher case on October 17, after the copies of the challan provided by the Federal Investigation Agency (FIA) were shared with the accused’s counsels.

    In response to the developments, Khan’s lawyer, Latif Khosa, presented arguments highlighting the former prime minister’s concerns and previous legal history. Khosa emphasized that Khan had previously been sentenced to three years of imprisonment in the Toshakhana case, which was suspended shortly after. He questioned the legality of the jail trial, stating that it took place after the judicial remand and that the accused had not been provided with substantial evidence.

  • 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.

  • Judge Humayun Dilawar made OSD at IHC after citing threats to family

    Judge Humayun Dilawar made OSD at IHC after citing threats to family

    Additional District and Sessions Judge (ADSJ) Humayun Dilawar, who convicted PTI Chairman and former prime minister Imran Khan, giving him a three-year jail term in the Toshakhana case, was made an officer on special duty (OSD) on Friday.

    As per the notification, Islamabad High Court Chief Justice Aamer Farooq appointed ADSJ Dilawar as an OSD against a “newly-created post” at the high court.

    The notification issued by the Islamabad High Court additional registrar, Ijaz Ahmed, also states “The honourable chief justice of this court has been pleased to make following transfer/posting of ADSJ working in the Islamabad Judicial Service, in the public interest.” 

    The transfer came about after ADSJ Dilawar wrote to the IHC on August 17, asking for a transfer. In his letter, the judge stated his concerns regarding protests by PTI’s lawyers in his courtroom, the trolling he faced on social media and a campaign against him during his training at the University of Hull, UK.

    In an application to the IHC registrar the ADSJ said: “I take the honour to submit that the undersigned has recently rendered a judgment in criminal Complaint under section 190 of Election Act 2017 in respect of offences under sections 167 and 173 Of the Election Act 2017 along with all other enabling provisions of Law, titling District Election commissioner Islamabad Versus Imran Ahmad Niazi, convicted the accused who is the chairman of a political party.”

    The judge said that during the trial and particularly after passing the judgment, a campaign on social media was launched against him leading to serious threats from different people across the world. 

    “My children are also facing hardship in moving to school and facing an unpleasant situation,” he said, adding that an organised social media campaign was orchestrated against him and his family. 

    “Similarly, during a recent visit of the undersigned to the UK to attend Training at the University of Hull, the undersigned and other judicial officers had to undergo displeasing episodes.” 

    In view of the situation, the judge requested the relevant authority that he may be transferred to any other place.

  • IHC orders Suleman Shehbaz to surrender; bars authorities from arrest

    IHC orders Suleman Shehbaz to surrender; bars authorities from arrest

    The Islamabad High Court (IHC) on Thursday has ordered Suleman Shehbaz, son of Prime Minister Shehbaz Sharif, to surrender before it on December 13 and barred authorities from arresting him till then.

    The court has also asked authorities not to arrest the petitioner at the airport. The orders were given by IHC Chief Justice Aamer Farooq while hearing a plea filed by the prime minister’s son for protective bail.

    During the hearing, Suleman’s lawyer Amjad Pervez told the court that his client is abroad since October 2018 while all cases against him were registered after that.

    However, the court informed the lawyer that it cannot grant bail in absence of the petitioner.

    Suleman Shehbaz is set to return to Pakistan after ending his self-exile of over four years in the British capital, London.

  • Are we obsessed with the The Minor case?

    Are we obsessed with the The Minor case?

    The Minor is a household name these days. A young girl, came into the limelight when a case of a missing minor girl was reported in Karachi. The missing or allegedly abducted girl was later found in Punjab where she had gotten married and was apparently living a happy life with her husband. This is where the case unravelled.

    The Minor happens to be underage and her marriage to her husband is not considered a legal one per law. A girl/boy getting married under the age of 18 years is considered to be illegal. Earlier this year, Justice Babar Sattar of the Islamabad High Court (IHC) declared any marriages under the age of 18 years unlawful even though each province has different legal age for marriage.

    The problem, in this case, is that no one is talking about the law here. The Minor is being dragged to the hospital every now and then to check her age through medical tests. Her parents come on television, record videos, and say how their daughter has been trapped. The Minor, on the other hand, keeps saying that she is happy and is not under any pressure. The court allowed her to decide who to stay with instead of keeping her in a government shelter until everything had been settled, under the law. Legal observers have raised another question including why a medical test, which is not accurate, is allowed when NADRA documents prove that she is a minor. Did the court not trust NADRA records and if not, why? These questions have so far not been answered.

    In this case, we have left the main issue, i.e. underage marriage behind and are only catering to the drama that is unfolding: the fact that she sat on a cushion during an interview or that she wore make-up. Why is no one talking about how important it is for parents to talk with their children? Why is no one talking about how this case will impact the minds of children whose television screens keep flashing The Minor and her husband, the crying mother, and sister of The Minor ? Why is no one talking about how traumatic all this is for girls and boys of this age? Why is no one talking about how two children — who are apparently underage — got married after meeting online? Why did the boy’s family agree when the girl was quite obviously a minor? Why is there silence around these issues?

    We hope that parents start to have open conversations with their children and create an environment where children can speak openly and a relationship of trust is built between them.

  • ECP barred: IHC suspends 30-day deadline order in PTI foreign funding case

    ECP barred: IHC suspends 30-day deadline order in PTI foreign funding case

    The Islamabad High Court (IHC) on Monday suspended a single-bench’s order, directing the Election Commission of Pakistan (ECP) to decide foreign funding case against the Pakistan Tehreek-e-Insaf (PTI) within 30 days.

    The IHC two-member bench suspended the single-bench ruling in PTI foreign funding case till the next hearing on May 17.

    The Pakistan Tehreek-i-Insaf (PTI) had challenged the Islamabad High Court’s single bench orders to the Election Commission of Pakistan (ECP).

    According to ARY News, Asad Umar, the party’s secretary-general, filed the appeal against the order of a single-member bench which directed the ECP to conclude the proceedings in the foreign funding case within 30 days.

    Speaking to media after filing the intra-court appeal against the IHC decision, PTI Secretary General Asad Umar termed the ECP as biased and said that it does not look the incumbent commission could hold free and fair elections in the country.

    The Islamabad High Court (IHC) recently also turned down two petitions of the ruling Pakistan Tehreek-e-Insaf (PTI) against Akbar S Babar in foreign funding case.

    The IHC rejected a petition filed by the ruling political party to bar the Election Commission of Pakistan (ECP) from handing over the records of the PTI foreign funding case to the petitioner Akbar S Babar.

    Another petition of Pakistan Tehreek-e-Insaf (PTI) for separating Babar from the proceedings of the case was also rejected by the high court.

    It is pertinent to mention here that foreign funding is being heard by the election commission since November 2014.

  • ‘Every gift belongs to the office, not to be taken home’: High Court

    ‘Every gift belongs to the office, not to be taken home’: High Court

    The Islamabad High Court’s (IHC) Justice Miangul Hassan Aurangzeb has ordered to take Toshakhana gifts [state gifts] back from the officials who took them home and asked Deputy Attorney General Arshad Kayani to put the gifts on display.

    “People come and go but the Office of the Prime Minister remains at the same place. Every gift given [to the head of the state/government officials] belongs to their office, not to be taken home,” Justice Miangul Hassan remarked.

    The directives were issued during hearing of two petitions on the Toshakhana gifts matter, one by a citizen who demanded that the details should be put forward and the other by the Cabinet Division challenging that.

    The Justice directed to make a policy to ensure that the gifts received by the head of the state will only be deposited in the treasury. He also objected that the policy to pay a certain percentage of the gift’s value and take it home shouldn’t have been there.

    “There is no stay on the Pakistan Information Commission’s (PIC) order. The Cabinet Division is bound to provide information,” he observed. The case was adjourned for two weeks.

    However, the cabinet division challenged the PIC order in the high court, claiming that it is “illegal, without lawful authority”. The former government was of the view that the revelations of details of these gifts can affect Pakistan’s relations with the countries which have given the gifts.

    Earlier this week, an investigation by news organisation Fact Focus revealed that former PM Khan and his wife Bushra Bibi kept all 112 presents worth Rs142.02 million from the Toshakhana of Pakistan.