KARACHI: A special court, established to hear cases under the Official Secrets Act, on Thursday granted permission to former prime minister Imran Khan to have a telephonic conversation with his sons from the Attock Jail, Dawn.com reported.

The PTI chief was sent to jail after he was convicted in the Toshakhana case. Earlier this week, the Islamabad High Court (IHC) suspended his sentence. However, the special court had directed the jail authorities to keep him in “judicial lock-up” in connection with the cipher case.

On Wednesday, the special court extended Mr Khan’s judicial remand till Sep 13 during a hearing held at the Attock prison.

In a plea filed before Special Court Judge Abual Hasnat Zulqarnain on Thursday, the former premier sought permission to talk to his sons on the phone.

IHC hears PTI plea against moving cipher trial to Attock Jail

Mr Khan’s lawyer Barrister Umer Khan Niazi pointed out that the applicant “wishes to speak to his real sons, Suleman Khan and Qasim Khan, over telephone/WhatsApp”.

Furthermore, the lawyer emphasised the applicant “holds the legal right to engage in telephonic conversations with his sons, and as per regulations, the applicant is entitled to such interactions”.

“It is therefore respectfully prayed that the superintendent District Jail Attock may kindly be directed to arrange the meeting of the applicant/accused Imran Ahmad Khan Niazi with his sons, namely Suleman and Qasim, on telephone/WhatsApp,” the request stated.

Judge Zulqarnain approved the plea. “Instant application is allowed. Superintendent District Jail Attock is directed to make necessary arrangements for a phone call between [the] accused and his sons in accordance with jail rules and manual,” he said in his brief order.

IHC seeks response

Separately, the IHC sought responses from the law ministry and other respondents on the PTI chief’s plea against the decision to move the cipher case hearing from Islamabad to Attock Jail.

The order came a day after the former premier had filed a petition in the court on the matter — hours after the cipher hearing was held in the office of the deputy superintendent of the Attock Jail.

The PTI chief had challenged the appointment of Judge Zulqarnain, an anti-terrorism court (ATC) judge, to the special court formed to hear cases filed under the Official Secrets Act, 1923.

He had also challenged a notification issued by the law ministry which had allowed Mr Khan’s trial in the cipher case to be held at Attock Jail citing “security concerns”.

The petition alleged that the special court judge was “lacking the essential qualification” for the role, citing the qualification of an ATC judge had been defined under Section 13(2) of the Anti-Terrorism Act, 1997.

On Thursday, IHC Chief Justice Aamer Farooq heard the plea with objections. Mr Khan’s counsel Sher Afzal Marwat informed the IHC that two objections had been raised by the court’s registrar upon the filing of the petition.

He then explained that one of them was that “more than one request” had been made in the same petition. At this, the chief justice asked, “Why does it matter? I can remove the objections [if] you present arguments on merit,” he added.

CJ Farooq asked: “Was the court venue shifted?”

The PTI lawyer answered that the court designated to hear cases filed under the Official Secrets Act was that of a magistrate.

“Authorising an anti-terrorism court judge to hear cases filed under the Official Secrets Act is wrong,” the counsel asserted.

Published in Dawn, September 1st, 2023