Imran Khan’s intra-court appeal approved, notification of jail trial in cipher case cancelled.
The Islamabad High Court has accepted the intra-court appeal of Tehreek-e-Ansaf Chairman Imran Khan
against the jail trial in the cipher case and declared the August 29 notification illegal.
On Tuesday, a division bench of the Islamabad High Court comprising Justice Mian Gul Hasan Aurangzeb
and Justice Samat Rifat delivered the reserved verdict.
The court has said that a detailed decision on Imran Khan’s appeals against the cipher case jail trial will be issued later.
The judgment said that as per the law, the jail trial can be open or in camera in exceptional circumstances.
The Islamabad High Court has declared the appointment of the judge of the court established under
the Official Secrets Act as valid.
Earlier, during the hearing on Tuesday morning, Chairman PTI’s lawyer Salman Akram Raja and others,
while Attorney General Mansoor Awan and members of the FIA prosecution team appeared
in the court on behalf of the federal government.
Advocate Salman Akram Raja in his arguments said that there is a procedure for jail trial,
the first step for jail trial is the mind of the judge to decide the jail trial,
to pass a clear reasoned order to the judge for jail trial. After that comes the stage of
approval of the Federal Government on the request of the Chief Commissioner.
The court inquired what is meant by the order? Salman Akram Raja Advocate said that the first decision for a jail trial
should be that of the trial court judge, the letter of the trial court judge is not a decision or a decree, the judge
uses his mind through the decision.
The lawyer said that if the federal government takes the approval from the cabinet, then it is necessary
to inform the high court, the judge should pass the judicial order related to the jail trial, the decision
of the cabinet does not apply to the past, according to the process, the judge told the chief The Commissioner has
to give instructions, the Chief Commissioner will contact the Federal Government for approval,
the Chief Commissioner will also inform the High Court about this process.
Salman Akram Raja said that it should also be accepted that if the approval procedure from
the cabinet is followed on November 12, the earlier action will be illegal.
Attorney General Mansoor Usman Awan said it was agreed that the jail trial should not be a closed room trial,
agreeing that anyone who wants to attend the hearing should be allowed, the first hearing room is very small.
But now there is more room.
In his three -page decision, the appeal against the decision of the single bench of the court chairman PTI is approved.
Similarly, all notifications of the Ministry of Law and the subsequent Law Ministry are declared invalid.
