IHC warns defence against further delay in £190m case appeals

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed counsel for Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi to begin arguments at the next hearing of their appeals against conviction in the £190 million reference, while cautioning that further delay would invite legal consequences.

A division bench comprising Chief Justice Sardar Muhammad Sarfaraz Dogar and Justice Muhammad Asif also ordered that powers of attorney for the two appellants be signed and facilitated by jail authorities. The court then adjourned the matter indefinitely.

Court questions repeated delay

During the hearing, Barrister Salman Akram Raja appeared on behalf of Advocate Salman Safdar and told the bench that Safdar was under medical treatment and would be travelling to Tokyo for further check-ups, which would keep him unavailable for several weeks.

The chief justice reminded the defence that at the previous hearing the court had already instructed counsel to start arguments on the appeals. He asked whether another lawyer could not argue the matter if Salman Safdar was unavailable.

Before the close of proceedings, the chief justice issued a clear warning to the defence.

“If Salman Safdar is not available, then another lawyer should begin arguments. If arguments are not started at the next hearing, the law will take its course,” Chief Justice Dogar said.

“I heard you, Raja Sahib, how many times will you say it?” the chief justice also told Barrister Raja at another point in the hearing.

Powers of attorney issue raised

The bench also referred to its earlier order permitting meetings with Imran Khan and Bushra Bibi. Barrister Raja told the court that signed powers of attorney had still not been received from the incarcerated appellants.

The chief justice responded that since meetings had taken place, the powers of attorney should also have been signed. The National Accountability Bureau (NAB) prosecutor, however, told the court that thumb impressions and powers of attorney had already been submitted at the time the appeals were filed.

Barrister Raja argued that Imran Khan and Bushra Bibi wanted to challenge the rejection of their pleas for suspension of sentence before a superior forum, but had been unable to do so because jail authorities had not enabled the signing of the required documents.

Chief Justice Dogar told him that any further appeal was a separate matter from the proceedings pending before the high court and said the court had no objection if the appellants chose to challenge the matter elsewhere, but noted that arguments in the appeals before the IHC had still not begun.

Raja maintained that both appellants were in state custody and that denial of access for signing legal documents amounted to a violation of fundamental rights. He asked the court to issue directions to the superintendent of Adiala jail.

The NAB prosecutor argued that objections relating to powers of attorney for proceedings before the Supreme Court of Pakistan or the Federal Constitutional Court should be raised before the relevant forum.

Bench issues directions

After hearing the arguments, the bench directed the authorities concerned to facilitate the signing of powers of attorney by Imran Khan and Bushra Bibi. The hearing was then adjourned indefinitely, with the court making it clear that arguments on the main appeals must begin at the next date of hearing.