In a recent development, the special court judge, Abual Hasnat Zulqarnain, has granted permission to Imran Khan, the Chairman of Pakistan Tehreek-e-Insaf (PTI), to have phone conversations with his sons. This allowance comes despite Imran Khan’s current imprisonment in the cipher case.
Judge’s Order to Adiala Jail Superintendent
The judge issued a one-page written order, directing the Adiala jail superintendent to ensure that Imran Khan can speak to his sons over the phone. This directive is related to the cipher case proceedings conducted in a special court established under the Official Secrets Act of 2023.
Imran Khan’s Plea and Previous Orders
Imran Khan, the deposed prime minister, had submitted a plea to the special court on September 11. In this plea, he sought contempt of court proceedings against the Attock jail superintendent. The superintendent had refused to allow him to speak with his sons, despite previous court orders permitting such communication.
At the time of filing the plea, Imran Khan was in judicial custody at the Attock jail until September 13 due to his involvement in the cipher case. This arrest followed his conviction in the Toshakhana case on August 5, which subsequently led to his government’s ousting after a no-confidence motion in April 2022.
Contention from Attock Jail Authorities
In response to the contempt of court petition, the Attock jail authorities argued that jail rules do not permit accused individuals facing charges under the Official Secrets Act to engage in telephone conversations. The superintendent maintained that the court order allowing Khan to contact his sons was not violated. He cited the Prisoners Act of 1978, stating that prisoners are not allowed to make calls to foreign telephone numbers.
Imran Khan’s Imprisonment at Adiala Jail
Imran Khan is currently incarcerated at the Adiala jail in Rawalpindi.
Constitutional Rights of PTI Chief
The court stressed that the concerns of the PTI chairman’s family and his constitutional rights cannot be overlooked. It was noted that the jail manual does not allow accused individuals to have telephone conversations and communicate abroad.
The Bicycle Request
During the court proceedings, Imran Khan’s lawyer, Shiraz Ahmed Ranjha, made a request for Khan to be provided with a bicycle for exercise in jail. The judge humorously responded that he had already addressed the matter with the jail authorities but expressed concerns about potential misuse of the bicycle. The lawyer offered to provide the bicycle and requested the appointment of a supervisor to oversee its use.
Telephone Conversation SOPs and Imran Khan’s Rights
When the Standard Operating Procedures (SOPs) concerning telephone conversations were presented to the court, the judge clarified that the accused was not allowed to speak on a phone call, as indicated in the SOPs.
Imran Khan’s lawyer contended that the Official Secrets Act does not prohibit the accused from having telephone conversations with his family. He cited the Prisoner’s Rules, which allow meetings with the wife and children for 12 hours in jail. Additionally, he pointed out that telephone conversations are permitted for other accused, with all prisoners allowed to make calls on Saturdays.
The lawyer urged the court to issue a show-cause notice to the Attock jail superintendent for providing incorrect information. He also referenced a decision by the Federal Shariat Court that permits such conversations.
In the end, the judge authorized permission for Imran Khan to speak with his sons over the phone.
