IHC declares notification for Imran Khan's jail trial in cipher case illegal
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, reported 24NewsHD TV channel.
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.
“The designation of the Special Court (Anti-Terrorism-I) Islamabad, to try cases reported under the Official Secrets Act, 1923 through notification dated 27.06.2023 issued by the Ministry of Law and Justice is valid and lawful,” the short order said.
The short order further said that there was no provision in the Code of Criminal Procedure which compelled the magistrate the hold his court in a usual courtroom.
“In exceptional circumstances and where it is conducive to justice, a trial can be conducted in jail in a manner that fulfills the requirements of an open trial or a trial in-camera provided it is in accordance with the procedure provided by law,” it said.
The court said that the notification issued by the law ministry on August 29 for Imran’s jail trial was declared to be “without lawful authority and no legal effect for want of an order by the appropriate government and fulfillment of requirements provided in Section 352 of the CrPC as well as Rule 3 in Part- A of Chapter-1 in Volume-III of the Rules and Orders of the Lahore High Court.”
The order said, “Consequently, the proceedings with effect from August 29 and the trial conducted […] in jail premises in a manner that cannot be termed as an open trial stand vitiated,” the order said.
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.
Reporter Rozina Ali