IHC stays Imran Khan's jail trial in cipher case

IHC stays Imran Khan's jail trial in cipher case

Islamabad (Web Desk): The Islamabad High Court (IHC) on Tuesday issued a stay order against Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan's jail trial in the cipher case.

A two-member IHC bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Riffat Imtiaz announced the decision and adjourned the hearing on PTI chief's intra-court appeal against his ongoing in-prison trial being conducted by a special court formed under the Official Secrets Act.

During the hearing today, Attorney General for Pakista (AGP) Mansoor Awan presented his arguments before the court.

He informed the court that the federal cabinet on Monday approved the jail trial of Imran Khan.
Awan said that the notification will also be presented before the court.

 At this, Justice Aurangzeb said that the court will check the notification. “All trials will be held in open court, so this trial will be an extraordinary one," he remarked.

"If this will be a jail trial then it would be an extraordinary one," the judge said. 

The bench summoned all records pertaining to proceedings conducted in the trial thus far, as well as reasons for conducting it in the jail.

The court then adjourned the hearing on the intra-court appeal against jail trial till November 16.

The PTI chief had moved IHC against the jail trial which was rejected by the court's single bench on October 16.

IHC Chief Justice Aamer Farooq's single-member bench announced no apparent malice behind conducting Khan's jail trial in the cipher case. The court had also directed him to approach the trial court if reservations persist.

Later, the former premier filed an intra-court appeal against the single bench's decision.

The PTI chief was first arrested in the Al-Qadir Trust case on May 9, which led to violent protests countrywide. He was released two days later after the Supreme Court (SC) deemed his arrest unlawful.

In August, the PTI chief was jailed after he was convicted in the Toshakhana case.
Although his sentence was suspended on Aug 29, Imran remained in jail because he was on judicial remand in the cipher case.

Imran Khan and Shah Mahmood Qureshi were booked under the Official Secrets Act 1923 in the cipher case after the Federal Investigation Agency (FIA) invoked Section 5 of the said law.

The diplomatic cable reportedly went missing from Imran's possession. According to the former ruling party, the cable contained a threat from the United States (US) to topple the PTI’s government.

Khan and Qureshi have been indicted by the special court and are currently incarcerated in Adiala jail in the cipher case.

While Imran is already imprisoned in Adiala Jail in the cipher case, he was also put under arrest on Monday by the NAB in the Al-Qadir Trust case and the Toshakhana reference.