The Islamabad High Court has adjourned the hearing on the appeal filed by Pakistan Tehreek-e-Insaf (PTI) Founder Imran Khan against his sentence in the cipher case until Wednesday. A two-member bench, headed by IHC Chief Justice Amir Farooq, presided over the proceedings.
The court sought arguments from Imran Khan's lawyer over the appeal's maintainability, and adjourned the hearing.
During the hearing, the Federal Investigation Agency (FIA) prosecutor, Hamid Ali Shah, raised objections regarding the maintainability of the appeal. He argued that there is no provision for appeal under the Official Secrets Act 1923, and the Criminal Procedure Code (CrPC) also remains silent on the matter. Additionally, the prosecutor contended that a two-member bench cannot hear the appeal.
Responding to these objections, the lawyer representing the PTI founder, Salman Safdar, argued: "It can never be possible in law that an appeal cannot be heard."
He further asserted that the CrPC would indeed apply to the Official Secrets Act, allowing for an appeal. However, he acknowledged that the FIA's objections needed to be addressed.
Justice Mian Gul Hasan Aurangzeb remarked that the FIA prosecutor raised a basic objection to the appeals, adding that the court will first hear this objection and decide. "It is true that no one can be released without a remedy," the CJ said.
Chief Justice Farooq emphasized the importance of thoroughly considering both the prosecution's objections and the arguments presented by the PTI founder's lawyer. He noted that several issues of first impression had arisen in the case, indicating the complexity of the matter.
The court instructed the PTI founder's lawyer to provide detailed arguments addressing the objections raised by the FIA. Furthermore, the court sought clarification on whether appeals filed by suspects were admissible.
While acknowledging that accepting the objection raised by the FIA would change the status of the appeal, the court emphasized that it would not necessarily end the proceedings.
The hearing has been adjourned to allow both parties to further present their arguments and for the court to deliberate on the issues raised.
