The Islamabad High Court (IHC) has issued a written order of its stay against the jail trial of PTI Chairman Imran Khan in the cipher case.
The order has been issued by Justice Miangul Hasan Aurangzeb and Justice Saman Riffat.
It said that in retrospect, the jail trial of the cipher case cannot be called an open trial. There was no document on record to indicate that the pre-conditions for a jail trial had been fulfilled.
“If there is any such document, it should be produced at the next hearing,” the order stated.
The attorney general for Pakistan (AGP) said that the federal cabinet had approved the jail trial of the case, the court order said, adding that the AGP could not produce the copy of the cabinet decision in the court.
The AGP could not even present the summary on which the cabinet had made the decision, the order said, adding that it was necessary to bring the required documents on record for a just decision.
In light of the documents, the effect on the appellant's fundamental rights will also be decided, the court remarked.
The court issued a stay order on the trial of the cipher case until the next hearing.
