The Islamabad High Court (IHC) has demanded the notification issued regarding the appointment of the Official Secrets Act special court judge, as well as reports about the supposed security threats to Imran Khan.
The court then adjourned the proceedings until tomorrow morning, 11am. The IHC also extended the order halting the jail trial till tomorrow.
A division bench of the IHC, comprising Justice Miangul Hasan Aurangzeb and Justice Saman Riffat, was hearing PTI Chairman Imran Khan’s intra-court appeals against his jail trial in the cipher case and appointment of the Official Secrets Act special court judge hearing the case.
The court had sought replies from Imran Khan’s lawyer during the previous hearing.
The court told Imran Khan’s lawyer, Salman Akram Raja, that according to the attorney general’s documents, the process of the judge’s appointment started with the high court.
Raja said Imran Khan’s judicial remand was granted in open court without producing him, while PTI Vice Chairman Shah Mahmood Qureshi was presented in court.
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The court said the AGP showed some documents, including special reports and the capital city police chief’s letter. A jail trial was decided due to security threats, it added, and said there was no mention of a death threat in the notification or in the special report of the Ministry of Interior.
The notification mentions general security concerns, Salman Akram Raja said, adding that a notification for jail trial cannot be issued under Section 9. Under this section, the venue of the court can be changed, but not a jail trial’s.
This is a case of the death penalty or life imprisonment; it should be strictly followed according to law, Raja pleaded.
Justice Riffat asked, if there were security concerns, what the government should do.
The lawyer responded that the government should have placed this matter before the judge concerned.
In his letter of October 2, the judge asks if there were any difficulties in presenting the suspect. In other words, he is saying that he is ready for a jail trial if the prosecutors deem it fit. “The judge said he will follow whatever the instructions are; he’ll follow.”
Raja said the Law Ministry’s notification for a jail trial of October 29 is not correct. There is also some confusion about the purpose of the jail trial. “Is it because of security threats or to keep the public away because of its sensitive nature?” he questioned.
He alleged that the sole purpose of the jail trial was to make PTI Chairman Imran Khan disappear from the scene. Justice Aurangzeb remarked that regardless, there are security threats to the petitioner.
Also Read: Court orders stay against Imran Khan's trial in cipher case
“You should first complete your arguments on whether the appeal is admissible,” he directed. “The court wants to clear its mind about the maintainability of the case.
The judge asked the attorney general if a report on the security threat was submitted to the trial court judge. The AGP replied in the negative.
Justice Aurangzeb asked on the basis of which material the trial court judge wrote the first letter and what information he had for writing the letter on the security threats. “Were reports shared with the judge?” he asked.
The AGP said this was common knowledge and the court was also aware of it.
The trial court judge also said that since there was no stay order, the proceedings would continue, adding that the statements of three witnesses were being recorded at each hearing.
All the proceedings in the trial court until November 15 were illegal, Raja said, saying that it was requested that even if a jail trial has to be conducted, at least the judge should be changed.
He further said that this is a jail trial that even family members are not allowed to attend. This has become an in-camera trial after barring the entry of all kinds of people.
“When I was the administrative judge of the special courts, I used to receive complaints from the judges that the staff did not listen to them,” Justice Aurangzeb remarked, adding that three accountability courts were approved during the tenure of Imran Khan, but none established.
