ISLAMABAD, Nov 21 (NNI): The Islamabad High Court (IHC) Tuesday declared
the notification for conducting former prime minister and Pakistan
Tehreek-e-Insaf (PTI) Chairman Imran Khan’s jail trial in the cipher
case illegal.
The ruling came as a division bench comprising Justice Miangul Hassan
Aurangzeb and Justice Saman Riffat Imtiaz announced the verdict it
reserved earlier in the day on the intra-court appeal filed by the PTI
chief against his jail trial.
The Ministry of Law issued a no-objection certificate (NOC) for the jail
trial of former prime as requested by the Interior Ministry and special
court Judge Abual Hasnat Zulqarnain on August 29.
A short order has been issued by the IHC, while the detailed verdict
will be issued later.
In the verdict, an IHC division bench, comprising Justice Miangul
Hassan Aurangzeb and Justice Saman Rafat Imtiaz, declared Imran’s
intra-court appeal maintainable.
The court also upheld the appointment of Judge Abual Hasnat Zulqarnain,
who is conducting Imran’s trial under the Official Secrets Act in the
cipher case.
Earlier, the Islamabad High Court reserved its verdict on the
intra-court appeal filed by former premier and PTI Chairman Imran Khan
against the jail trial and appointment of the judge in the cipher case.
At the outset of the hearing, the PTI chairman’s lawyer Salman Akram
Raja argued that a judge should pass a clear order based on reasons for
the jail trial. After that comes the stage in which the federal
government approves the request of the chief commissioner, and when the
federal government gets approval from the cabinet, then it is necessary
to inform the High Court.
Salman Akram Raja said that the judge wrote the last letter on November
8, adding that the judge’s letter is not a judicial order, the judge
should pass a judicial order regarding the jail trial. The judicial
order regarding the jail trial has not come till to date. Even if we
agree that the procedure is followed after the approval by the cabinet
on November 12, the previous action would be illegal, the November 13
notification would not be applicable to the past action, the lawyer
argued.
The PTI counsel said that in his opinion, the first request on the issue
of jail trial comes from the prosecution. The judge will have to apply
his mind on the prosecution’s request. If the proper order is issued on
the request of the prosecution, then the accused will get the right, the
lawyer said.
The registrar of the High Court said that the process of appointing a
judge was initiated by the Islamabad High Court and the trial court
judge had also informed the High Court before the jail hearing.
Salman Akram Raja contended that the whole process of jail trial in the
cipher case is still illegal, if jail trial is to be done in future,
bring a judicial order and get approval from the cabinet.
Attorney General Mansoor Usman Awan opined that it is agreed that the
prison trial should not be a closed-room trial and that anyone who wants
to attend the hearing should be allowed.
After hearing arguments, the Islamabad High Court reserved its decision
on the intra-court appeal of the PTI chairman in the cipher case and the
short judgment will be announced in the evening today between
5pm-5:30pm. NNI
