ISLAMABAD, Oct 16 (NNI): The Islamabad High Court (IHC) has ruled that the trial of PTI Chairman and former prime minister Imran Khan will be held in prison, disposing of the plea against his cipher case trial inside the jail.
Pronouncing the verdict on Monday, IHC Chief Justice Aamer Farooq wrapped up the case with directions stating that the jail trial is in favour of the PTI chairman, as he himself had talked about threats to his life.
The decision further stated that the court did not find any malice in the matter of the jail trial.
The PTI chief can approach the trial court if he has reservations about the jail trial, the verdict said.
IHC Chief Justice Aamer Farooq reserved the judgment on the former premier’s plea on September 12.
The PTI chairman had challenged the notification of the Ministry of Law and Justice that allowed the holding of cipher case trial in jail.
Presenting his arguments during today’s hearing, Imran Khan’s lawyer Sardar Latif Khosa said that former prime minister and PTI chairman was the Chief Executive of this country and his oath gives authority to the Chief Executive in such a situation.
The Chief Justice inquired of Khosa whether there is a law to declassify documents in Pakistan like America?
Khosa said that this cipher was declassified by the federal cabinet, Liaquat Ali Khan was killed in this country while what happened to Zulfikar Ali Bhutto and Benazir Bhutto is also in front of you.
He said that the cipher was sent to the Foreign Office by Asad Majeed. US official Donald Lu threatened to oust the country’s prime minister. It has been established this was an interference in Pakistan’s internal affairs, he added.
Then Khosa read the Prime Minister’s affidavit before the court which says that the Prime Minister has to tell that there is no danger to the country, it is for the Prime Minister himself to judge that there is no danger to the country from any act.
Khosa also read the oath of the ministers in front of the court. The court inquired if he is saying that he who thinks it is right, could disclose it?
Khosa replied in affirmative asserting that the Prime Minister could disclose what he thinks is right. If the previous coalition wanted to remain a slave then it was its political weapon, he added.
The court stopped Khosa from naming any party.
The PTI lawyer said that this matter went to the meeting of the National Security Committee and it was decided in the committee that a diplomatic protest would be made to the US. In the meantime, the Prime Minister was dismissed.
Khosa said that Bhutto Sahib was also brought to the dock in the court of Maulvi Mushtaq, here the PTI chairman was also brought to the dock. He is the former prime minister and has rights, he said adding that the prosecution came with the statement of former principal secretary Azam Khan who went missing for three weeks, and suddenly he appeared and claimed that the PTI chairman PTI took the cipher with him. Azam’s statement is ridiculous, Khosa said.
The PTI lawyer said that they did not give us anything, now they are saying that tomorrow they would frame the charge. He requested the judge to see what sessions judge Humayun Dilawar had done to them. He said that the source of power is the people. He said that state means parliament, provincial assemblies and local governance. But we have made the government, a state.
The Chief Justice remarked that we have mixed up the concepts of government and state.
Khosa said that some authority has been taken by the powerful circles, the nation has expectations from the higher judiciary and he hopes that the court would stand up to protect the rights of the citizens.
The lawyer argued that Section 5 does not apply in the cipher case. He said Imran Khan’s government was removed through a conspiracy and the PDM claimed that the premier was removed after losing the trust vote in parliament. He said Imran claimed that he did not possess cipher while cipher was in the foreign office.
The lawyer wondered who told them to write that code in the FIR.
The Chief Justice inquired of the lawyer whether he wanted to say that neither the Act nor Section 5 is applied in this case.
Imran Khan’s lawyer said that yes, the Act does not apply here nor does Section 5. He said this is not a prohibited place, if there is a conspiracy against the country, it is the job of the Prime Minister to tell the people.
Khosa read the provisions in the FIR which also carries a provision in which death sentence is awarded. Then the lawyer also submitted written arguments in the court.
After hearing the arguments, the court pronounced that the trial of PTI Chairman Imran Khan in cipher case would be held in prison and disposed of the plea.
Separately, an anti-terrorism court in Islamabad has adjourned the bail pleas of PTI Chairman Imran Khan in three cases registered at Kehna and Bara Keho police stations till October 24.
ATC Judge Abul Hasnat Zulqarnain heard the pre-arrest bail applications filed by Imran Khan in three terrorism cases lodged with two Islamabad police stations.
Salman Safdar advocate appeared in the court on behalf of the PTI chairman. He requested the court to issue the production orders of his client. He said that the prosecution was citing security concerns and was reluctant to bring Imran in court, but the PTI chairman despite all security threats used to come to the courts before.
He told the ATC judge that when his court canceled the bail applications, the other courts also followed suit.
Since ATC Judge Zulqarnain is also conducting the cipher case hearings in the capacity of special court judge in Adiala Jail where Imran Khan has been incarcerated, the PTI chief’s lawyer said that he did not want his client’s bail plea to be heard tomorrow in jail.
On this, the judge remarked that his client would get every relief that he deserved. He assured him that the case would be heard without any bias. However, Prosecutor Raja Naveed requested the court to decide the bail plea after it looked into a report regarding security concerns.
Seeking a record of the cases, the judge adjourned the hearing till October 24. NNI
