Islamabad High Court issues stay order against Chairman PTI’s jail trial in cipher case

ISLAMABAD, Nov 14 (SABAH): The Islamabad High Court on Tuesday halted proceedings against Pakistan Tehreek-e-Insaf (PTI) Chairman and former prime minister Imran Khan in the cipher case, stressing the need for the court to be informed about the “circumstances” that prompted the trial to be conducted in jail.

The IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, passed the orders on the ex-premier’s intra-court appeal against a single-member bench’s decision that had approved Imran Khan’s jail trial.

The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran Khan. The PTI has long held that the document contained a threat from the United States to oust Imran Khan as prime minister.

The former premier and his aide Makhdoom Shah Mahmood Qureshi, who is also behind bars, were indicted in the case on October 23. They 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 Abual Hasnat Muhammad Zulqarnain to ensure a “fair trial”.

During the hearing on Tuesday, Imran Khan’s lawyer, Salman Akram Raja, and the Attorney General Barrister Mansoor Usman Awan were present in the court.

At the outset, Awan informed the bench that the federal cabinet had approved Imran’s jail trial, adding that a copy of the relevant notification would be presented.

Justice Aurangzeb said the court would scrutinise the notification, questioning the “extraordinary circumstances” that led to the trial being conducted in its current manner. “We want to know the actual events; you have to inform us,” the judge observed.

The court also sought clarification on the reasons behind the federal cabinet’s approval of the jail trial. “The most important question lies in determining the status of court proceedings preceding the cabinet’s approval,” Justice Aurangzeb asked.

The judge also referred to former Indian prime minister Indira Gandhi’s jail trial, saying, “It was conducted at Tihar Jail where media was not allowed. Similar to that scenario involving a former premier, this case also involves the ex-PM.”

“The federal cabinet approved the jail trial of Imran Khan,” said the attorney general. He added that the notification will also be presented before the court.

At this, Justice Aurangzeb said that they would check the notification. “All trials will be held in open court, so this trial will be an extraordinary one,” he remarked.

“If this will be a jail trial then it would be an extraordinary one,” said the judge.

The attorney general said that this was not an extraordinary trial but just a jail trial, adding that he would seek records from all relevant agencies and place them before the court.

In hindsight, all three notifications are not in accordance with the relevant rules of the high court, the judge maintained.

“When, under what circumstances and on what basis was it decided that there would be a jail trial?” he asked Awan.

Imran Khan’s counsel Raja told the court that five witnesses are still present in the jail to record their statements.

The judge remarked that many questions need to be answered, adding that the federal cabinet approved the jail trial two days ago.

“Why did the federal cabinet approve the jail trial?” he asked, while also questioning about the status of the court proceedings before approval.

The judge, during the hearing, remarked that there was a jail trial of Indira Gandhi’s murder case, but journalists from BBC and all other outlets were allowed to cover it.

After the arguments, the court sought a reply from the attorney general and adjourned the hearing till Thursday.

Earlier on Tuesday, Special Court (Official Secrets Act) Judge Abual Hasnat Muhammad Zulqarnain presided over the hearing of the cipher case conducted at the Adiala district jail.

Prior to the hearing, the PTI leaders’ legal teams and relatives as well as the FIA’s team reached jail.

Barrister Salman Safdar, Umair Niazi, Sikander Zulqarnain and Khalid Yousuf Chaudhry appeared as Imran’s counsels while Barrister Taimur Malik and Faiza Shah were among Qureshi’s lawyers.

Zulfiqar Abbas Naqvi and Shah Khawar Advocate were among the prosecutors who appeared before the trial court.

Limited family members of both the accused were allowed to attend the hearing today as they were permitted to do so during the previous hearing.

The former foreign minister’s daughters Gauhar Bano and Mehr Bano, as well as the ex-premier’s sisters Aleema Khan, Dr. Uzma Khanum and Naureen Khanum, reached the Adaila Jail to attend the hearing.

Talking to media after the six-hour-long hearing, Qureshi’s lawyer Barrister Malik said statements of two witnesses, including an official of the Foreign Office, were recorded in the court.

He said the defence team requested that they be provided the FO’s transcript issued on April 25 last year. “We have asked the judge to provide us copies of all the documents submitted as case record,” Malik added. He said the hearing was subsequently adjourned till Friday.

Meanwhile, an Islamabad accountability court sought details from the National Accountability Bureau (NAB) if a notification had been issued for a jail hearing of the Al-Qadir Trust case against Imran Khan.

The PTI chairman was first arrested in the Al-Qadir Trust case on May 9, which led to violent protests countrywide. He was released two days later after the Supreme Court deemed his arrest unlawful.

In August, the PTI chief was jailed after he was convicted in the Toshakhana case. Although his sentence was suspended on Aug 29, Imran remained in jail because he was on judicial remand in the cipher case.

While Imran is already imprisoned in Adiala Jail in the cipher case, he was also put under arrest yesterday by the NAB in the Al-Qadir Trust case and the Toshakhana reference.

On Tuesday, Judge Mohammad Bashir presided over the hearing. At the outset of the proceedings, he asked the NAB prosecutor when he planned to present the former premier before the court.

He also inquired whether Imran was still in jail or had been shifted to NAB’s office, to which the prosecutor answered that it was not in his knowledge.

Judge Bashir then ordered the prosecutor to inquire about the matter and also if there had been a notification issued regarding the jail trial of the former prime minister.

When reporters, who were in the courtroom inquired about the case, the judge replied that only NAB could tell where the PTI chairman would be presented. When asked about the jail trial, the judge observed that if a notification for the same had been issued, the hearing would be held in Adiala jail.

Judge Bashir also asked if the reporters would go to the jail for coverage, to which they replied that they were not allowed to enter the jail for reporting.

At this, the judge remarked, “There should be permission. This is why open courts exist. If there is a jail trial, then we will also do something about you all. Can’t we give [reporters] any [entry] pass, etc?”

The reporters agreed they should be given access to cover trial proceedings while the judge noted, “This is the benefit of an open court that whatever the witness is saying, everyone can hear for themselves.”