ISLAMABAD: The Islamabad High Court (IHC) on Wednesday issued notices to the Federal Investigation Agency (FIA) in a petition of former prime minister Imran Khan’s petition challenging the in-camera proceedings of the cipher trial at Adiala jail.
A single bench of Justice Miangul Hassan Aurangzeb heard Imran’s petition challenging his de-novo trial in jail and subsequent developments, including the framing of charges and a gag order on the media.
After issuing the notices, the IHC bench deferred the hearing of the case till December 28 for further proceedings.
The PTI founder chairman challenged his indictment in the cipher case and the entire proceedings by the special court established under the Official Secrets Act. It was December 12 when the special court indicted the former prime minister in the diplomatic cable case.
In his petition, he stated, “The learned trial court, while deciding the matter discussed in the petition, did not look into the true perspective of the facts and law which makes the impugned order and proceedings since 23/11/23 illegitimate/not-maintainable in the eye of law and liable to be set aside for the proper dispensation of justice.”
Imran requested the court to declare the December 12 order of the special court, null and void, stating that it should be set aside for the proper dispensation of justice. He also urged the court to suspend the operation of the December 12 order and proceedings before the trial court in the interest of justice until a decision on the fresh petition is made.
He described his trial as “illegal and unlawful,” and requested the high court to discharge him from the case.
The petition said, “It is graciously prayed that the petition in hand may very kindly be accepted while setting aside/declaring illegal, the order dated 12.12.23 by the learned trial court illegally/unauthorisedly while disobeying the law and legislature and preferred the wishes and whims of prosecution respectively in the interest of justice.”
It stated that the case was taken up on 12.12.2023 for framing of charge, after the supply of incomplete copies to the petitioners/accused which was objected by the petitioner/accused and on a written application moved by the accused/petitioner on 12.12.2023, copies of CD’s and DVD’s (04 in number) were supplied to the accused/petitioner on 12.12.2023.
“That the order dated 12.12.2023 of learned trial court has been passed in a slipshod manner, against the facts and law laid down by the superior courts on the question of law under discussion which renders the order & proceedings dated 12.12.2023, to be declared null and void,” said the petition.
It added that the learned trial court, subordinate to this court have misunderstood and misinterpreted the law in a wrong manner which is liable to be set-aside as early as possible because if it will hold field, it will amount to abuse of process of law to the petitioner and public large as well in future.
Copyright Business Recorder, 2023
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