IHC appoints commission to investigate PTI lawyers’ access issues at Adiala Jail

Barrister Zopash Khan, Mubeen Ali, Zohaib Gondal will be members

ISLAMABAD   -  The Islamabad High Court (IHC) on Friday appointed a three-member commission to investigate the difficulties faced by the legal team of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan during their visits to Adiala Jail.

Justice Sardar Ejaz Ishaq Khan, presiding over a single bench of the IHC, issued this directive in response to a petition filed by Khan’s counsels, Faisal Fareed Chaudhry and Naeem Haider Panjotha. The petition alleged that jail authorities had obstructed their ability to represent Khan in the ongoing trial held in jail in the NAB reference titled State vs Imran Ahmad Khan Niazi.

During the hearing, the Superintendent of Adiala Jail stated that measures were being taken to ensure the undertrial prisoner has unimpeded access to legal counsel. However, the court found discrepancies between the accounts of the petitioner’s counsel and jail authorities. Justice Ishaq noted that complaints had been raised multiple times by senior advocates, including Sardar Latif Khan Khosa and Uzair Karamat Bhandari, regarding the treatment of Khan’s lawyers. Given these unresolved issues, the court decided to appoint a local commission consisting of three advocates: Barrister Zopash Khan, Mubeen Ali Husnain Awan, and Zohaib Hassan Gondal. The court specified that only one commissioner from the panel needs to observe the visits on any given day, ensuring impartial reports on the events that transpire. The local commissioners will be paid Rs 10,000 per visit.

The court also ordered that the counsels’ vehicles must not be stopped at the outer gate of the prison and should be allowed direct access to the innermost gate, with security checks completed within 10 minutes. Legal consultations must occur in complete privacy, and the presence of any police officers during these consultations is prohibited unless specifically requested by the undertrial prisoner. The IHC’s directive further limits access to the jail courtroom only to lawyers with a power of attorney for the undertrial prisoner, allowing each lawyer to bring up to three associates. The court concluded that these arrangements would apply not only to the current trial in the NAB reference but also to any other trials taking place in jail, ensuring the fundamental right of access to justice and due process.

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