The Islamabad High Court on Tuesday declared the jail trial of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in cipher case ‘null and void’, nullifying the August 29 notification.
An IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, announced the reserved verdict on an intra-court appeal filed by PTI chief Imran Khan against a single-member bench’s decision that had approved the ex-premier’s jail trial in the cipher case.
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Allowing Imran Khan’s intra-court appeal, the bench declared the law ministry’s notification “to be without lawful authority and no legal effect”.
In the three-page short order, the Islamabad High Court stated that the jail trial can be conducted in “exceptional circumstances”.
“In exceptional circumstances and where it is conducive to justice, a trial can be conducted in jail in a manner that fulfills the requirements of an open trial or a trial in camera provided it is in accordance with the procedure provided by law.”
The court also declared that the November 15 notification issued by the Ministry of Law and Justice after the caretaker cabinet’s approval of the jail trial “cannot be given retrospective effect”.
The verdict added that all the notifications issued by the ministry with regard to conducting the jail trial are of no legal effect for not adopting due procedure and non-fulfilment of requirements.
The Pakistan Tehreek-e-Insaf (PTI) chairman is currently detained in Adiala jail in Rawalpindi on judicial remand.
The former prime minister and Shah Mahmood Qureshi, who is also in jail, were indicted in the case on Oct 23.
Today’s hearing
Khan’s lawyer, Salman Akram Raja told the IHC that the part of the trial that had taken place before the cabinet had notified the jail trial was illegal.
He pleaded with the court to accept the plea of his client against the jail trial in the cipher case.
Attorney General of Pakistan (AGP) Mansoor Awan told the court that the jail trial was an open trial.
He admitted that Khan’s family had not been allowed into the courtroom in the initial hearings. Still, he attributed it to the fact that the room where proceedings were held was not big enough to accommodate enough people.
The AGP said the trial of the case was initiated on October 23.
The IHC has reserved its verdict on the plea of the PTI chief after the conclusion of arguments from both sides.
The short verdict is likely to be announced today in the evening between 5 to 5:30 pm, according to the Islamabad High Court.
Cipher case
The first information report (FIR) was registered on August 15 under the Official Secrets Act. It was registered on the complaint of the Home Secretary.
Former prime minister Imran Khan and former foreign minister Shah Mehmood Qureshi were nominated in the report, while names of former principal secretary Azam Khan and former planning minister Asad Umar were also mentioned.
The FIR stated that the former prime minister and foreign minister distorted the facts of the diplomatic cipher. “A conspiracy was launched to misuse the contents of the cipher to fulfill nefarious purposes”, it added. It further stated that the former premier and top diplomat endangered the state interests.
