'IHC will order what is possible under jail rules', CJ tells PTI

ISLAMABAD: The Islamabad High Court (IHC) Tuesday told Pakistan Tehreek-e-Insaf (PTI) that only those facilities will be provided to PTI Chairman Imran Khan which are permissible under the jail rules.

"Tell us what the rules are, we will order [the facilities] accordingly," IHC Chief Justice Aamer Farooq said today, adding that only those facilities would be provided to the incarcerated PTI chief that are allowed by law.

The IHC chief justice made these remarks during a hearing of the PTI petition requesting Khan's transfer from Attock prisons to Adiala Jail.

The PTI chief, on August 5, was sentenced to three years in jail in the Toshakhana case after a district and sessions court in the federal capital convicted him for “corrupt practices” related to the state gift depository — allegations which he denies.

After his arrest, Khan was moved to Attock Jail, where he was reported to have no facilities, and was placed in a small cell.

The IHC top judge today heard the plea, requesting his transfer and upgrading the facilities provided to him, along with the objections of the Registrar's Office.

During the hearing, Khan's counsel Sher Afzal Marwat appeared before the court and showed him the power of attorney by the PTI chief.

"Rules regarding prisons are available," Marwat told the court.

Justice Aamer then overruled the objections of the Registrar's Office and fixed the petition for hearing tomorrow.

He told Khan's counsel to present the rules he had mentioned and said, "I will order accordingly."

However, he cautioned the lawyer to bear in mind, that the court will order what is permissible under the rules.

"Tell me the [names of] the lawyers who want to meet [Khan]," he said, adding that he would allow them to meet the PTI chief.

The PTI had filed the petition yesterday that given Khan's "education, habits and social and political status", he ought to be provided better facilities in jail.

"Keeping in view the petitioner's social and political status, his education, and his being accustomed to a better living style, the Petitioner was entitled to A-Class facilities in terms of Rule 243 read with Rule 248 of Pakistan Prison Rules," the petition read.

It further appealed that the PTI's chair's legal team, personal physician, and family members be allowed to meet him.

PTI challenges Toshakhana verdict in IHC

In another petition filed at the IHC today, PTI challenged the trial court's verdict and sentence against Khan, requesting that the court declare the judgement "illegal".

The petition also requests that Khan be released on bail till the final decision of the appeal is made.

"It is most respectfully prayed that the Hon'ble Court may graciously be pleased to set aside the impugned judgement dated 05.08.2023, and declare the conviction, sentence imposed upon the Appellant to be illegal and without lawful authority and to acquit the Appellant of the charges framed against him," the petition read.

The number was allocated to the petition after the objections were removed while the party requested an early hearing of the matter.

What is Toshakahana case?

Under the rules governing Toshakhana — a Persian word meaning "treasure house" — government officials can keep gifts if they have a low worth, while they must pay a dramatically reduced fee to the government for extravagant items.

The Toshakhana has been under a microscope ever since the emergence of the allegations that Khan purchased the gifts he received as prime minister at throwaway rates and sold them off in the open market for staggering profits.

The 70-year-old cricketer-turned-politician was accused of misusing his 2018 to 2022 premiership to buy and sell gifts in state possession that were received during visits abroad and worth more than Rs140 million ($635,000).

The gifts included watches given by a royal family, according to government officials, who have alleged previously that Khan's aides sold them in Dubai.

Moreover, seven wristwatches, six made by watchmaker Rolex, and the most expensive a "Master Graff limited edition" valued at 85 million Pakistani rupees ($385,000), was also among the gifts.

A reference was forwarded by National Assembly Speaker Raja Pervez Ashraf to the Election Commission asking it to probe the matter.

In October 2022, the electoral body declared the former premier guilty of corrupt practices and filed a complaint in an Islamabad court.

Khan was convicted and sentenced to three years in jail, along with a fine amounting to Rs100,000 on August 5.