ISLAMABAD: The Islamabad High Court (IHC), Thursday, extended its stay order in the proceedings against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the cypher case pending before a special court.
A division bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz issued the directions while hearing an intra-court appeal (ICA) moved by the PTI chairman against a single-member bench’s decision that had approved Imran’s jail trial.
During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared in court, while the PTI chief was represented by Salman Akram Raja.
The AGP stated that he would first assist the court on the maintainability of the appeal and in this connection, he referred to the decision of the chief justice of IHC in the bail plea of PTI Vice Chairman Shah Mahmood Qureshi and read it out.
Awan said the single bench has written that the jail trial should also be an open trial. At this, Justice Aurangzeb remarked that an open trial means an open trial, which is open to everyone. The AGP said the single bench wrote that the earlier trial would not be nullified. He further said that the single bench had clarified that the jail trial was an open trial.
At this, the court asked if the two notifications issued about the jail trial were in accordance with the law. Justice Aurangzeb remarked that an open trial means that it will be open to everyone.
The AGP said the notification of the jail trial was issued in view of the death threats to Imran Khan.
He added that the first notification was issued when he was in the Attock Jail, then the investigation report of the cypher case was submitted on October 2, and the suspects were indicted on October 23.
He further said the Official Secrets Act court judge wrote a letter to the Law Ministry for a jail trial.
He continued that the investigation report had been submitted by then, but the trial had not started.
He said that after the report was submitted, the special court judge wrote another letter and the jail trial was notified due to security concerns for the former prime minister.
Awan further said that Shah Mahmood had requested a hearing in the open court instead of a jail trial, which was rejected. He added that “if a suspect is being tried in jail, then there cannot be a separate trial of a co-suspect.” He argued that the ICA of the suspect was not admissible.
Justice Miangul Hassan remarked that an ICA may be filed on the verdict on Shah Mahmood’s application and if it is submitted, the relevant bench will see it. He added that when a verdict on Imran Khan’s application was announced, he was in Adiala Jail, adding that there could have been security issues in bringing him from the jail to court.
The judge said now he has been transferred to Adiala Jail, the situation has changed. He remarked that it will have to be explained under what process, the Law Ministry’s no-objection certificate was issued.
The court said that the sections applied to the case involve the death penalty. The AGP smiled and said that he did not think there would be a death penalty. The AGP said that a trial inside the jail and the absence of the public during a trial are two different things. He said that on September 12, the judge requested a jail trial for the first time, and Justice Aurangzeb said that request was made for once only.
During the hearing, the AGP could not present the document regarding the cabinet’s approval to a jail trial and said that the approval was there and that would be provided to the court.
The court extended the stay order and Justice Aurangzeb said that the court would complete the proceedings on Monday (November 20) at 11am.
Copyright Business Recorder, 2023
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