Court issues notices on pleas on suspension of sentence of PTI founder and Bushra Bibi, adjourns hearing
Islamabad High Court. PHOTO: FILE
ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday imposed a fine of Rs 100,000 on the National Accountability Bureau (NAB) after its special prosecutor failed to appear during proceedings for adjournment of judgments in the £190 million case involving Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi.
The hearing was presided over by IHC Chief Justice Sardar Sarfraz Dogar and Justice Muhammad Asif. Barristers Salman Safdar and Aitzaz Ahsan appeared before the court on behalf of the petitioners.
Barrister Aitzaz Ahsan told the court that he had sent documents through lawyer Khosa to get confirmation of a power of attorney from the PTI founder, but lawyers were not allowed near the Adiala jail to secure signatures on the vakalatnama.
He said the court had directed the attorney general a day earlier to ensure the document was signed, but added, “They are not accepting any court. My vakalatnama is unsigned, so I cannot appear.”
Chief Justice Dogar observed that whenever a vakalatnama is sent to the superintendent of Adiala jail, signatures are usually obtained.
Ahsan called for stern action, saying officials claimed they were acting on “orders from above”.
Barrister Salman Safdar argued that the last ten days of Ramazan had begun and Eid was approaching, adding that courts traditionally show leniency in cases involving women. He said the requests for suspension had been pending for 14 months.
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“My client never asked me to argue the case on medical grounds,” Safdar said, adding that he intended to rely on an earlier decision of the same court that granted bail in a murder case after a convict lost his eyesight.
He noted that the PTI founder was facing a 14-year jail term and pointed out that the prosecutor was not present to argue the case.
NAB prosecutor Rafay Maqsood informed the court that the special prosecutor was participating in a case in a NAB court and had filed a miscellaneous application challenging the upholding of the suspension plea.
Safdar responded that the defense was only seeking a hearing, not an immediate ruling.
Complaining that dates were hard to come by, Ahsan said, “I am standing before the court at this age, but hearings are not being given.”
Asked by the bench whether the prosecutor appointed to argue the case was present, the NAB representative replied in the negative, stating that a miscellaneous application had been filed instead.
Safdar said the defense had also raised medical grounds, while Ahsan alleged the PTI founder had been held in solitary confinement for 65 days without access to family or lawyers, during which he developed an eye problem.
Recalling his own imprisonment during the era of General Zia-ul-Haq, Ahsan described solitary confinement as “a form of torture” and urged the court to issue a landmark ruling in the case.
NAB requested that notice be issued if allegations of solitary confinement were formally raised so that it could file a response.
Safdar criticized the absence of the special prosecutor and alleged that the authorities wanted to keep the PTI founder in custody. “Hear us and take the decision you see fit, but the hearing should not be delayed,” he said.
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NAB argued that the defense’s miscellaneous application was not maintainable, while Safdar maintained that the appeal had already been allowed and was to be decided before Eid.
During the hearing, Safdar said the defense had repeatedly shown restraint but could not do so indefinitely. NAB sought an adjournment and sought time for the special prosecutor to present arguments.
Ahsan called for an early decision, claiming there was an obstacle to getting signatures on legal documents, adding that releasing prisoners during Ramazan was considered a virtuous act.
Noting the absence of the special prosecutor, the court, on the plea of the defence, imposed a fine of Rs100,000 on NAB. The bureau’s representative assured the court that the special prosecutor would appear at the next court hearing.
The bench also issued notices to Imran Khan and Bushra Bibi on NAB’s miscellaneous application and adjourned the matter.
After the adjournment, PTI’s lawyers tried to secure an early hearing date. Lawyers Aitzaz Ahsan and Salman Akram Raja, along with Khan’s sisters, were seen outside the chief justice’s office seeking a new date for the next hearing.
