The Islamabad High Court (IHC) has decided to halt Imran Khan’s private trial in the cipher case. The suspension is effective until January 11th, 2024.
Justice Miangul Hassan of the Islamabad High Court issued the order in response to appeals from PTI founder Imran Khan, challenging his indictment, proceedings, and the imposed gag order in the cipher case. The special court, established under the Official Secrets Act, was the subject of contention.
IHC Halts Imran Khan’s Private
In the course of the case hearing, Justice Aurangzeb dismissed the plea from the PTI chief to pause the trial, emphasizing that the court would initiate the notification process before making any official orders.
In response to this, the Islamabad High Court issued a notice to the government and directed Usman Gul, Khan’s lawyer, to submit all relevant documents for the cipher trial during the next hearing.
Pointing out the purported irregularities in the cipher case, the PTI counsel argued in court that a First Information Report (FIR) was filed before the submission of a complaint. The judge inquired with the PTI founder’s lawyer about the purpose of the petition. In response, the lawyer explained, “The essence of the petition is that the legal procedure was not concluded before the indictment.”
He mentioned that a duly authorized official has the right to file a complaint directly in court.
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“Are you asserting that an authorized officer has the authority to file a complaint directly?” inquired the judge.
Following this, the lawyer appealed to the IHC to instruct the trial court to schedule the case hearing in five or six days. He added, “The trial can be concluded during this period.”
“How many witness statements have been finalized thus far?” inquired the judge.
In response, the lawyer stated that the statements of 25 witnesses have been documented, and the cross-examination of three witnesses has been concluded, accounting for a total of 27 witnesses.
The PTI counsel informed the court that the cipher trial is underway daily. The notice was handed to Federal Investigation Agency (FIA) Prosecutor Raja Rizwan Abbasi while he was in the courtroom.
Attorney General for Pakistan (AGP) Mansoor Usman Awan was present in the court and conveyed that the statements of 25 witnesses have been officially documented in the ongoing cipher trial.
PTI lawyer Salman Akram Raja, participating in the hearing through video link, mentioned that the statements of numerous witnesses were documented after the court’s judgment. Judge Aurangzeb said, “I cannot overlook the court’s past proceedings regarding the cipher case. I am troubled by how the cipher trial is unfolding.”
The court recognized that the trial court judge expedited the hearing due to a direct order.
Expressing concerns over the closed-door trial, the IHC judge remarked that the judge presiding over the special court should have mandated an open trial for each hearing in the case.
In response, the AGP informed the court that media coverage is permitted for the trial proceedings.
“Was the cross-examination of witnesses conducted in the presence of the media?” questioned Justice Aurangzeb.
The AGP mentioned that the statements of three witnesses were associated with the confidential code of the diplomatic cable. Additionally, he noted that the statement of the foreign secretary would also be recorded in-camera.
The judge noted that the cipher trial was proceeding hastily and described it as the first of its kind.
The court said the importance of open hearings was not clear to the special court judge nor the prosecutors. The court further stated that it needs to be determined whether the right to a fair trial under Article 10-A is ensured in such cases or not.
“What information was presented to the Supreme Court when bail was granted?” inquired the IHC judge.
The AGP replied, “There were testimonies from 13 witnesses before the Supreme Court. The Supreme Court was examining the bail issue.”
“This [my statement] makes it clear,” said Justice Aurangzeb.
The IHC judge added that the apex court said that they did not have sufficient material to deny bail.
On December 22, 2023, both Khan and his party’s Vice-Chairman Shah Mahmood Qureshi were awarded bail following their arrests in the cipher case by the Supreme Court.
Earlier on December 13, the PTI founder and vice-chairman was again indicted by a special court in the cipher case after the IHC quashed his jail trial.