Judge hearing cipher case goes on leave

ISLAMABAD: The special court judge, who has been hearing bail pleas of incarcerated Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice-Chairman Shah Mahmood Qureshi in a case related to the alleged disclosure of state secrets, has gone on leave until September 8.

The bail pleas in the cipher case could not proceed owning to Judge Abual Hasnat Zulqarnain’s absence here on Monday.

The duty judge was requested by the PTI legal team to hear the bail pleas but he adjourned the hearing till September 7 (Thursday). The special court, constituted in Islamabad to hear cases under the Official Secrets Act (Amendment) 2023, had sought arguments from parties at the last hearing but the counsel were informed that the judge was on leave till September 8.

The proceedings on Monday were held by duty judge Raja Jawad Abbas. PTI chief’s counsels Babar Awan, Salman Safdar and Shohaib Shaheen appeared before the court. Advocate Awan requested the duty judge to hear the post-arrest bail pleas but the judge denied the request.

Judge Abbas informed the counsels that he has jurisdiction over 24 courts, but not over the special court constituted specifically for cases filed under the Official Secrets Act. The judge directed the PTI counsels to obtain an order from the high court if they wish for him to hear the bail pleas.

According to the law, the judge cannot be on leave, said advocate Awan, asking Judge Abbas to issue directives for the PTI legal team to adhere to. At this, judge Abbas said that the counsels could submit bail applications before him if they wish to.

The PTI legal team maintained that they would file a plea after consultation. Shortly after, they filed a plea contending that the duty judge could hear the post-bail pleas. The Federal Investigation Agency’s (FIA) prosecutor raised objection to this.

As arguments continued on whether the duty judge could hear the bail pleas, the PTI legal team sought a written notice directing them to approach the high court. Whereas, judge Abbas said that if there was a notification authorising him to hear the bail pleas, he would hear them.

The court then took a recess till 12pm while issuing notices and seeking arguments over whether the judge could hear the PTI leaders’ bail pleas in the cipher case.

When the proceedings resumed, Advocate Safdar contended that it was a matter of fundamental rights. It is not clear why a duty judge cannot hear post-arrest bail pleas, he maintained, adding that Judge Zulqarnain is on leave. “If the court cannot issue an order then where should we go?” he asked.

Meanwhile, special prosecutor Rizwan Abbas asked whether the law is different for the common man. He asked that if a judge is on leave then are their cases heard? The court then took another recess. When proceedings resumed for the second time, Advocate Safdar requested the court staff to adjourn proceedings on the cipher case till Thursday. The request was granted and the hearing adjourned till Thursday.