The Islamabad High Court (IHC) has extended its stay on the jail trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the cipher case till November 20.
A two-judge bench of the high court, comprising Justice Miangul Hasan Aurangzeb and Justice Saman Rifat Imtiaz, heard an intra-court appeal of Imran Khan against the jail trial in the cipher case and appointment of the Official Secrets Act judge in the case.
During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared in court, while the PTI chief was represented by Salman Akram Raja.
The AGP said he would first assist the court on the maintainability of the appeal. He referred to the decision of the Islamabad High Court chief justice on the bail application of PTI Vice Chairman Shah Mahmood Qureshi and read it out.
AGP Awan said that the single bench has written that the jail trial should also be an open trial, on which Justice Aurangzeb remarked that an open trial means an open trial, which is open to everyone. The single bench wrote that the earlier trial would not be nullified.
He further said that the single bench had clarified that the jail trial was an open trial. At this, the court asked if the two notifications issued about the jail trial were in accordance with the law.
Justice Aurangzeb remarked that an open trial means that it will be open to everyone.
The AGP said the notification of the jail trial was issued in view of the death threats to Imran Khan. The first notification was issued when he was in the Attock Jail, then the investigation report of the cipher case was submitted on October 2, and the suspects were indicted on October 23.
He further said that the Official Secrets Act court judge wrote a letter to the Law Ministry for a jail trial. The investigation report had been submitted by then, but the trial had not started. After the report was submitted, the special court judge wrote another letter. The jail trial was notified due to security concerns for the former prime minister.
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AGP Awan further said that Shah Mahmood had requested for a hearing in the open court instead of a jail trial, which was rejected. If a suspect is being tried in jail, then there cannot be a separate trial of a co-suspect. He argued that the intra-court appeal of the suspect was not admissible.
Justice Aurangzeb remarked that an intra-court appeal may be filed on the verdict on Shah Mahmood's application. If it’s submitted, the relevant bench will see it. When a verdict on Imran Khan’s application was announced, he was in Adiala Jail, adding that there could have been security issues in bringing him from the jail to court. Now that he has been transferred to Adiala Jail, the situation has changed. It will have to be explained under what process the Law Ministry's no-objection certificate was issued.
The court said that the sections applied to the case involve the death penalty. The AGP smiled and said he didn’t think there should be a death penalty.
The AGP said a trial inside the jail and the absence of the public during a trial are two different things. On September 12, the judge requested a jail trial for the first time, and Justice Aurangzeb said that request was made for once only.
During the hearing, the AGP could not present the document regarding the cabinet’s approval to a jail trial and said that the approval was there and that he would present it.
Later, the court extended the stay order, and Justice Aurangzeb said he would complete the proceedings on Monday at 11am.
