The Islamabad High Court (IHC) has recently declared the August 29 notification for the jail trial of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in the cipher case as illegal. The verdict, issued on an intra-court appeal filed by Imran, challenges the decision of a single-member bench that approved the ex-premier's jail trial in the cipher case. The case revolves around a diplomatic document alleged to have been retained by Imran, with the PTI claiming it contained a threat from the United States to remove him as prime minister.
Background:
The IHC had previously suspended Imran Khan's sentence in the Toshakhana case on August 29. However, a special court established under the Official Secrets Act directed jail authorities to keep Imran in "judicial lockup" in the cipher case. Imran filed an intra-court appeal against this decision, leading to the recent verdict by an IHC division bench.
Verdict Highlights:
The IHC declared Imran's intra-court appeal maintainable and affirmed the validity and lawfulness of the Special Court (Anti-Terrorism-I) Islamabad, designated to try cases under the Official Secrets Act. The court emphasized that there is no provision in the Code of Criminal Procedure compelling a magistrate to hold court in a traditional courtroom, allowing for trials in exceptional circumstances and where conducive to justice.
The key aspect of the verdict was the declaration that the notification issued by the law ministry on August 29 for Imran's jail trial was "without lawful authority and no legal effect." The court found it lacking an order by the appropriate government and failing to fulfill requirements outlined in the Code of Criminal Procedure and the Rules and Orders of the Lahore High Court.
Cipher Case Background:
The cipher case involves a diplomatic document that the Federal Investigation Agency's charge sheet alleges was never returned by Imran Khan. The PTI contends that the document contained a threat from the United States to oust Imran as prime minister. Imran and his aide Shah Mahmood Qureshi, both indicted in the case on October 23, have pleaded not guilty.
Legal Arguments:
During the hearing, Imran's lawyer, Advocate Salman Akram Raja, argued that the judge's permission was mandatory for a jail trial, and the reasons for Imran's trial in jail were not adequately conveyed in the August 29 documents. Raja highlighted that the federal cabinet's approval for jail trials came after the intra-court appeal was initiated, questioning the legality of the process.
The attorney general, Mansoor Usman Awan, countered, stating that a jail trial wasn't for ordinary people to attend and emphasized that Imran's family members were allowed to attend the proceedings. Awan highlighted the security reasons for conducting the jail trial and stressed that the charges were framed against the accused as per the law.
Conclusion:
The Islamabad High Court's declaration of the jail trial in the cipher case as illegal adds another layer of complexity to the legal challenges faced by Imran Khan. The verdict underscores the importance of adhering to legal procedures and requirements in conducting trials, even in exceptional circumstances. As the legal proceedings continue, the case remains a focal point in Pakistan's political landscape, with implications for Imran Khan and the PTI.
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