The Islamabad High Court (IHC) has delivered a significant verdict regarding the legality of the August 29 notification that ordered the jail trial for PTI chief Imran Khan in the cipher case. On Tuesday, the court declared this notification illegal, raising crucial concerns over the procedural and legal aspects of initiating Imran’s jail trial in the cipher case.
This decision came following the appeal filed by Imran against the initial decision of a single-member bench, which sanctioned the jail trial for the ex-premier in the cipher case. The IHC’s verdict stated that the previous notification for Imran’s trial in the cipher case lacked lawful authority and was deemed to have no legal effect due to the absence of proper authorization by the appropriate government, as stipulated in the relevant legal sections.
The cipher case revolves around a diplomatic document allegedly retained by Imran, as reported by the Federal Investigation Agency (FIA). Imran and his aide Shah Mahmood Qureshi were indicted in this case on October 23, both pleading not guilty to the charges.
The court emphasized the necessity for a fair trial while endorsing Imran’s indictment, dismissing his plea against the same. Despite this, the IHC directed the special court judge overseeing the case to ensure a fair trial process. Last week, the trial court proceedings against Imran were suspended by the IHC during his intra-court appeal hearing.
During the recent hearing, Imran’s lawyer highlighted the procedural lapses in the jail trial initiation, asserting that the process was incomplete. He underscored that the judicial order concerning the jail trial had not been officially issued, indicating a breach in legal procedure.
The Attorney General for Pakistan addressed the court, defending the jail trial’s necessity for security reasons and reaffirming that Imran’s family members were allowed to attend the proceedings.
After extensive arguments, the bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, reserved the verdict. The court is expected to release a short order initially, followed by a detailed one at a later time, indicating the gravity of this judgment and its potential implications for the ongoing proceedings in the cipher case.
