IHC reserves verdict on Imran’s intra-court appeal against order on open trial in cipher case
The Islamabad High Court on Tuesday reserved its verdict on an intra-court appeal filed by PTI Chairman Imran Khan against a single-member bench’s decision that had approved the ex-premier’s jail trial in the cipher case.
An IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, is expected to announce the decision at 5:30pm.
The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.
The former premier and his aide Shah Mahmood Qureshi, who is also behind bars, were indicted in the case on Oct 23. Both have pleaded not guilty.
The IHC has endorsed Imran’s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a “fair trial”.
Last week, the court halted trial court proceedings against the PTI chief while hearing his intra-court appeal.
During the previous hearing, the IHC sought the appointment record of the judge conducting the jail trial in the case. The court had also ordered the registrar to present the letter written by Judge Abual Hasnat Zulqarnain to the IHC administration for permission to conduct the ex-PM’s trial in jail.
The hearing
As the proceedings resumed today, Imran’s lawyer Advocate Salman Akram Raja started presenting his arguments. Citing the high court rules, he said a judge’s permission was mandatory for a jail trial.
“The judge then informs relevant ministry via the high court or district magistrate or commissioner’s office,” he argued.
Here, Justice Aurangzeb inquired what the judge should do foremost for a jail trial. In his response, Raja said the judge had to list reasons for the same with a “clear mind”.
However, the lawyer continued, the reasons for Imran’s jail trial were not conveyed in the Aug 29 documents. It must be noted that on the said date, the IHC had suspended the PTI chief’s sentence in the Toshakhana case, but a special court established under the Official Secrets Act had directed jail authorities to keep Imran in “judicial lockup” in the cipher case.
“Even if we accept that the trial was initiated by a judge, the process that followed was incomplete,” Raja argued.
Raja highlighted that the federal cabinet is empowered to approve jail trials but in this scenario, no such decision was taken until Nov 12. “The federal cabinet’s approval only came when the intra-court appeal was under way,” he revealed.
Raja contended that a judicial order pertaining to the same had also not been issued yet. “The judicial order of a jail trial gives us the chance to present our stance,” the lawyer added and urged the court to declare the jail trial unlawful.
Meanwhile, Justice Aurangzeb asked if the government’s Nov 12 decision was taken to fulfil legal requirements. “How can the cabinet approve something that was never sought,” the PTI counsel responded.
He said the special court judge never mentioned the previous proceedings in the case. Whereas, in the notification issued by the government, nothing similar to what the judge said was written, Raja added.
“As per Article 352, the Nov 12 notification is not applicable to the previous hearings,” he contended.
At that, Justice Aurangzeb asked if the lawyer was saying that the government’s order on jail trial was issued merely to fulfil legal obligations.
No, Raja replied, adding that the cabinet’s approval came without a judicial order.
The judge then said that the IHC registrar had informed the court that the process of appointing the judge was initiated by the Islamabad High Court. “We were also told that the special court judge informed the IHC before commencing the jail trial,” Justice Aurangzeb revealed.
Raja, while concluding his arguments, then contended that all the notifications pertaining to the jail trial were illegal. “If you want to conduct a jail trial, you will have to adopt a legal procedure and provide solid reasons for it,” he added.
Subsequently, Attorney-General for Pakistan Mansoor Usman Awan came to the rostrum. He said a jail trial wasn’t for ordinary people to attend but at the same time highlighted that Imran’s family members were allowed to attend the proceedings.
He recalled that Imran was in prison at the time of arrest and therefore a physical remand was not taken. “If the things that exist in the law are not taking place, then you say that justice is not being served,” the AGP said and highlighted that charges were framed against the accused in front of him as per the law.
The hearing is held at a big hall in Adiala Jail, Awan further said, adding that the jail trial against Imran was being conducted due to security reasons.
After the AGP concluded his arguments, the bench reserved the verdict with Justice Aurangzeb saying that the court would first issue a short order and then a detailed one at a later time.