ISLAMABAD: The Islamabad High Court (IHC), Tuesday, declared the Law Ministry’s notification dated August 29 for the jail trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan as “to be without lawful authority and no legal effect.”
A division bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz announced the verdict which they had earlier reserved after hearing the arguments of both sides in the PTI chairman’s intra-court appeals against his jail trial in the cipher case and appointment of the judge of the special court.
In the ICA, Imran moved the court against the single bench’s judgment, wherein, it had dismissed his petition challenging his jail trial in the cipher case. Now, the division bench has declared his ICA as “maintainable.”
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The bench declared, “Consequently, the proceedings with effect from 29.08.2023 and the trial conducted in case FIR No.06/2023, dated 15.08.2023 registered under Sections 5 and 9 of the Official Secrets Act, 1923 read with Section 34 of the Pakistan Penal Code, 1860 at Police Station Counter Terrorism Wing, Federal Investigation Agency, Islamabad, in jail premises in a manner that cannot be termed as an open trial stand vitiated.”
In its short order, the IHC bench also declared the notification issued by the Law Ministry on August 29 for Imran’s jail trial as to be “without lawful authority and no legal effect for want of an order by the appropriate government and fulfilment of requirements provided in Section 352 of the CrPC, as well as, Rule 3 in Part-A of Chapter-1 in Volume-III of the Rules and Orders of the Lahore High Court.”
Copyright Business Recorder, 2023
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