IHC admits PTI chief’s plea against jail trial, judge’s appointment in cipher case

ISLAMABAD: The Islamabad High Court (IHC) on Thursday admitted for hearing the intra-court appeal filed against the jail trial of Pakistan Tehreek-e-Insaf Chairman Imran Khan and the appointment of a special judge in the cipher case, and issued notices to the Federal Investigation Agency, the federal government, law ministry and others to submit their responses.

The additional attorney general told the court that the appointment of the judge to the special court set up under the Official Secrets Act for the trial of the cipher case was made as per the law and after consultation with the IHC chief justice.

Justice Miangul Hassan Aurangzeb remarked that 2023 was an era of openness, open policy, open court and open hearing because justice being done should be visible. He questioned what the impacts of a trial behind bars would be if an accused was convicted.

A two-member IHC bench, comprising Justice Aurangzeb and Justice Saman Rafat Imtiaz, heard the appeal, which challenged the decision of the single-member bench that upheld the decisions of the PTI chief’s jail trial and the appointment of a special judge in the cipher case.

Following the perusal of the law ministry’s written reply, the bench observed that they wanted to examine the federal cabinet’s decision to appoint the judge to the special court established under the Official Secrets Act.

The government’s attorney referred to Clause 3 in Paragraph 6 of the law ministry’s reply, saying that the ministry sent a summary to the cabinet, which approved it, and subsequently a notification for the judge’s appointment was issued.

The PTI chief’s lawyer, Salman Akram Raja, contended that the appointment should have been made in consultation with the relevant chief justice; however, the government appointed the judge on its own.

The bench said that they could ask the IHC registrar if the process of consulting with the chief justice was followed or not. The additional attorney general cited the law ministry’s summary as a proof that the consultation was done.

Raja argued that since it is a federal matter, the consultation should be done with the Supreme Court’s chief justice. He said that neither the family of the plaintiff nor the public and media were allowed to attend the hearings inside jail. He added that the trial was being conducted in a small room in prison, and the rights of accused should not be overlooked. He said that charges have been framed in the cipher case and evidences would be recorded on the next hearing on November 7. The bench, after listening to the arguments and issuing notices to the respondents, adjourned the hearing of the case till November 6.