IHC declares Imran’s jail trial proceedings in cipher case null and void – Pakistan


The Islamabad High Court (IHC) on Tuesday declared as null and void the proceedings of PTI chief Imran Khan’s trial performed in jail in the cipher case.

The verdict, which was reserved earlier in the day, was issued on an intra-courtroom attraction filed by Imran in opposition to a single-member bench’s resolution approving his jail trial in the cipher case.

It should be famous that on August 29, the IHC had suspended the PTI chief’s sentence in the Toshakhana case, however a particular courtroom established beneath the Official Secrets Act had directed jail authorities to maintain Imran in “judicial lockup” in the cipher case.

A notification issued by the regulation ministry the identical day had acknowledged 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.

In the decision, an IHC division bench, comprising Justice Mian­gul Hassan Aur­angzeb and Justice Saman Rafat Imtiaz, declared Imran’s intra-courtroom attraction maintainable.

The quick order stated that the notification issued by the regulation ministry on August 29 was declared to be “with out lawful authority and no authorized impact for need of an order by the suitable authorities and achievement of necessities offered in Section 352 of the CrPC in addition to Rule 3 in Part-A of Chapter-1 in Volume-III of the Rules and Orders of the Lahore High Court.”

Further, the order stated that the “designation of the Special Court (Anti-Terrorism-I) Islamabad, to strive instances reported beneath the Official Secrets Act, 1923 by way of notification dated 27.06.2023 issued by the Ministry of Law and Justice is legitimate and lawful.”

The order stated that there was no provision in the Code of Criminal Procedure which compelled the Justice of the Peace to carry courtroom in a standard courtroom.

“In distinctive circumstances and the place it’s conducive to justice, a trial could be performed in jail in a fashion that fulfills the necessities of an open trial or a trial in-camera offered it’s in accordance with the process offered by regulation,” it stated.

Further, notifications issued by the regulation ministry relating to Imran’s jail trial on September 12, September 25, October 3, October 13 had been declared to be “with out lawful authority and no authorized impact”.

Moreover, notifications issued by the regulation ministry on November 13 and November 15 after selections taken by the cupboard had been “declared to be of no authorized consequence”. The courtroom stated that the November 15 notification “can’t be given retrospective impact”.

The order stated, “Consequently, the proceedings with impact from August 29 and the trial performed […] in jail premises in a fashion that can not be termed as an open trial stand vitiated,” the order stated.

The cipher case pertains to a diplomatic doc that the Federal Investigation Agency’s cost sheet alleges was by no means returned by Imran. The PTI has lengthy held that the doc contained a risk from the United States to oust Imran as prime minister.

The former premier and his aide Shah Mahmood Qureshi, who can also be behind bars, had been indicted in the case on Oct 23. Both have pleaded not responsible.

The IHC has endorsed Imran’s indictment, disposing of his plea in opposition to the identical, however had additionally instructed the particular courtroom decide to make sure a “honest trial”. Last week, the courtroom halted trial courtroom proceedings in opposition to the PTI chief whereas listening to his intra-courtroom attraction.

During the earlier listening to, the IHC sought the appointment file of the decide conducting the jail trial in the case. The courtroom had additionally ordered the registrar to current the letter written by Judge Abual Hasnat Zulqarnain to the IHC administration for permission to conduct the ex-PM’s trial in jail.

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