The special court has declared that the cipher trial of PTI Chairman and former prime minister Imran Khan and former foreign minister Shah Mehmood Qureshi will be held in jail but in open court as family members, media and public are allowed to attend the hearing, reported 24NewsHD TV channel.

The reserved decision to hold the trial in Adial Jail due to security threats was pronounced on Tuesday by special court judge Abual Hasnat Zulqarnain after reviewing a letter submitted by the Adiala Jail superintendent explaining reasons for not producing the PTI chief in open court.

The judge adjourned the hearing of the case until December 1 (Friday).

Earlier in the morning, the Special Court held hearing of the cipher case registered under the Official Secrets Act against Imran Khan and Shah Mehmood Qureshi at the Federal Judicial Complex (FJC) in Islamabad.

At the outset of the hearing, the jail authorities presented a letter of Adiala Jail Superintendent Police to the court informing it that the jail authorities could not present PTI Chairman Imran Khan in the court.

The PTI chairman’s lawyer Salman Safdar and FIA Prosecutor Shah Khawar and Zulfiqar Abbas Naqvi appeared in the court.

Lawyer Salman Safdar said that he is expecting that the PTI chairman would be brought before the court, but he has not been produced yet.

The SP’s letter said that according to the report of the sensitive agencies and Islamabad police, there are life threats to the PTI chairman.

Lawyer Salman Safdar contended that the agencies’ report mentioned threats to Imran Khan, but not to Shah Mehmood Qureshi. Shah Mehmood was not presented in the court either, he added.

The lawyer said if there are security threats, the hearing should be adjourned for an indefinite period of time. He rued that the case did not proceed in the jail, nor did the authorities want it to be proceeded here. The court should grant bail to Imran Khan and Shah Mehmood in the case, the lawyer pleaded.

He said that he appeared in 50 to 60 cases along with Imran Khan in the courts. What terror incident has happened now that Imran could not be produced in the court, the lawyer said adding that the superintendent of Adiala Jail has violated the order of the Islamabad High Court.

Lawyer Salman Safdar said to the judge that it is up to you that with your one order, the PTI Chairman could be brought to court, you are surprised, we are surprised and the prosecution is also surprised.

Meanwhile, the PTI lawyer requested the court to allow him to read the letter of the Adiala Jail SP, on which the judge asked him to read the first page only as the other pages are confidential.

Imran Khan's lawyer asked if this case could not be heard in jail, not in the court, then where will it be heard? On this, the judge said: ‘Don't get tense. The court would make a proper decision. I had ordered to present the PTI Chairman and Shah Mahmood in the court. Whether there is security or not, I will see to it. This case will be heard in the open court according to Section 352. The court hearing will be held, no matter how many notifications are issued. I have no interest in it. If anyone wants to come during the hearing, I have no interest. I am only interested in an open trial in the cipher case. The jail trial was held on illegal notifications. It was held against the court ruling. I don’t mind if the cipher case hearing is held outside the courtroom, I will pass the judicial order. The trial will not be held in isolation.”

Lawyer Salman Safdar requested the court to pass an order for the production of the PTI Chairman by 2 o'clock, on which the judge said that he would pass an order on the matter.

Later, after hearing the arguments of the parties, the court reserved the verdict regarding the appearance of Imran Khan and Shah Mehmood in the court, which will be pronounced after some time.

During the hearing, Imran Khan's sisters and Shah Mahmood's daughter were also in the court.

Previous court orders

During the previous hearing, Special Court Judge Zulqarnain issued directives that PTI Chairman Imran Khan and former foreign minister Shah Mahmood Qureshi be presented at the Federal Judicial Complex (FJC) in Islamabad on November 28.

The former premier and his aide Shah Mahmood Qureshi were indicted in the case on October 23. Both have pleaded not guilty. Their trial was being held in Adiala Jail by the special court and four witnesses had already recorded their statements.

But the PTI chairman challenged the jail trial in the Islamabad High Court which in its judgement on Nov 21 termed the government’s notification for jail trial “erroneous” and scrapped the entire proceedings.

While declaring the proceedings void, the IHC had said notifications issued for conducting the trial in jail were against the law and spoiled the proceedings, including Imran and Qureshi’s indictment and the testimonies of four witnesses.

As a result of the judgement, the Special Court would now start a fresh trial while the prosecution would have to file a fresh application to conduct the trial in jail.

It must be noted that on August 29, the IHC had suspended the PTI chief’s sentence in the Toshakhana case, but a special court established under the Official Secrets Act had directed jail authorities to keep Imran in “judicial lockup” in the cipher case.

A notification issued by the law ministry the same day had stated that the Law and Justice Division had “no objection” to Imran’s trial in the cipher case being held at Attock jail. In September, Imran was shifted to Adiala jail. 

 

Reporter Farzana Siddique