ISLAMABAD: The special court on Monday again adjourned the hearing of Pakistan Tehreek-e-Insaf (PTI) Chief Imran Khan and former foreign minister Shah Mahmood Qureshi’s bail pleas in the cypher case as the judge Abul Hasnat Zulqarnain has gone on leave until September 8.
Duty judge Raja Jawaz Abbas, while hearing the case, adjourned the hearing of the case till September 7 as the special court judge Abul Hasnat was on leave due to his wife's health. The legal team of PTI chairman and vice chairman Babar Awan, Salman Safdar, and Naeem Haider Panjotha reached the courtroom where the staff apprised them that the judge was on leave due to his wife’s illness.
The PTI chief’s counsel then reached the courtroom of judge Raja Javad Abbas and requested him to hear the bail plea. To which, the judge replied that he could not hear the case as he was not the duty judge.
“There is no notification of the duty judge of the Official Secrets Act. If the Islamabad High Court (IHC) can mark it, only then I can hear it,” judge Abbas remarked. I can hear cases of 24 courts as a duty judge but in these 24 courts, the special court is not included, he said.
Awan told the court that as per law the judge cannot be on leave. He further told the court to issue an order, we will follow it as per law. The legal team of the PTI chief filed an application before the duty judge for hearing the bail application. Duty judge can hear bail application, said the PTI chief’s application.
The judge remarked that the matter is not related to the ATC court as the hearing of this case is underway under the Official Secrets Act.
The prosecutor, while objecting to PTI's legal team’s plea, asked how can they file the application before this court.
The court then took a break till 12 pm while issuing notices and sought arguments over whether the judge could hear the PTI leaders’ bail pleas in the cypher case.
When the proceedings resumed after the break, Safdar told the court that it was a matter of fundamental rights. It is not clear why a duty judge cannot hear post-arrest bail pleas, he maintained, adding that judge Zulqarnain is on leave. “If the court cannot issue an order then where are we to go?” he asked.
Prosecutor Rizwan Abbas asked whether the law is different for the common man. He asked that if a judge is on leave then are the cases of ordinary people languishing in jail heard? The court then took another break.
When the court resumed hearing after the second break, the PTI chief’s counsel requested the court staff to adjourn proceedings on the cypher case till Thursday. The request was granted and the hearing was adjourned till September 7.
Copyright Business Recorder, 2023
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