Cipher case: IHC nullifies notification for Imran Khan's jail trial

Cipher case: IHC nullifies notification for Imran Khan's jail trial

Islamabad (Web Desk): The Islamabad High Court (IHC) Tuesday nullified the August 29 notification for conducting Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan's jail trial in the cipher case.

It is pertinent to mention 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 the prison authorities to keep Imran in “judicial lockup” in the cipher case.

A two-member division bench of the IHC comprising Justice Miangul Hassan Aurangzeb and Justice Saman Riffat Imtiaz announced the verdict it reserved earlier in the day on the intra-court appeal filed by the PTI chief against his jail trial.

A short order has been issued by the ICH, while the detailed verdict will be issued later.

The court also upheld the appointment of Judge Abual Hasnat Zulqarnain, who is conducting Imran’s trial under the Official Secrets Act in the cipher case.

The court said that the notification issued by the law ministry on November 15 for Imran’s jail trial was no longer applicable.

Earlier, at the outset of the hearing, Khan's lawyer Salman Akram Raja presented his arguments, saying that there is a proper procedure that needs to be followed for a jail trial.
Raja said a judge’s permission was mandatory for a jail trial.

“The judge then informs relevant ministry via the high court or district magistrate or commissioner’s office,” he argued.

Here, Justice Aurangzeb inquired what the judge should do foremost for a jail trial. In his response, Raja said the judge had to list reasons for the same with a “clear mind”.

Imran Khan and former foreign minister Shah Mahmood Qureshi, both are in Adiala jail, were indicted in the case on Oct 23. Both have pleaded not guilty.

The cipher was about former Pakistan ambassador to the US Majeed's meeting with Lu.

The former prime minister, claiming that he was reading contents from the cipher, said that "all will be forgiven for Pakistan if Imran Khan is removed from power".

Later, after his removal, then-prime minister Shehbaz Sharif' cabinet gave the green signal to initiate action against the former prime minister and handed over the case to the FIA.