IHC stays Imran’s jail trial in cipher case

ISLAMABAD: The Islamabad High Court (IHC) Tuesday issued a stay order against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s jail trial in the cipher case. The court also questioned the extraordinary circumstances that led to the decision of the trial in jail.

A two-member bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, announced the decision during the hearing of the PTI chief’s intra-court appeal against trial in Adiala jail. The development comes after the caretaker federal cabinet on Monday approved the jail trial of the former prime minister and PTI Vice Chairman Shah Mahmood Qureshi in the case. PTI chief Imran Khan’s lawyer, Salman Akram Raja, and Attorney General Mansoor Awan were present in the court.

Attorney General Mansoor Awan stated before court, “The federal cabinet approved the jail trial of Imran Khan,” adding the notification would also be presented before the court. At this, Justice Aurangzeb said that they would scrutinise the notification, questioning the “extraordinary circumstances” that led to the trial being conducted in its current manner. “We want to know the actual events; you have to inform us,” the judge observed. The attorney general said that this was not an extraordinary trial but just a jail trial, adding that he would seek records from all relevant agencies and place them before the court.

The court also sought clarification on the reasons behind the federal cabinet’s approval of the jail trial. “The most important question lies in determining the status of court proceedings preceding the cabinet’s approval,” Justice Aurangzeb asked. In hindsight, all three notifications are not in accordance with the relevant rules of the high court, the judge maintained. “When, under what circumstances and on what basis was it decided that there would be a jail trial?” he asked Awan.

The judge remarked that many questions need to be answered, adding that the federal cabinet approved the jail trial two days ago. “Why did the federal cabinet approve the jail trial?” he asked, while also questioning the status of the court proceedings before approval. Khan’s counsel Salman Akram Raja told the court that five witnesses are still present in the jail to record their statements.

The judge also referred to former Indian prime minister Indira Gandhi’s jail trial, saying, “It was conducted at Tihar Jail where media was not allowed. Similar to that scenario involving a former premier, this case also involves the ex-PM.” Justice Miangul Hassan observed that allowing a few family members of the accused to attend the proceedings cannot be described as an open court trial. The way the accused were indicted in the case cannot be considered as an open court proceeding either, he added.

The IHC then adjourned the hearing on the intra-court appeal against jail trial till November 16. The deposed prime minister had moved IHC against the jail trial which was rejected by the court’s single bench on October 16. IHC Chief Justice Aamer Farooq’s single-member bench announced no apparent malice behind conducting Khan’s jail trial. The court also directed him to approach the trial court if reservations persist. Later, Khan filed an intra-court appeal against the single bench’s decision.

In a related development, an accountability court (AC) rejected the plea seeking physical remand of Pakistan Tehreek-e-Insaf (PTI) chief and former prime minister Imran Khan in Toshakhana and Al-Qadir Trust cases.

The accountability court judge Muhammad Bashir presided over the hearing and announced the verdict which was reserved earlier. It rejected the plea seeking the physical remand of PTI chairman Imran Khan. On October 31, an accountability court in Islamabad extended the bail of Bushra Bibi till November 15 in Toshakhana and Al-Qadir Trust cases.

Meanwhile, the Additional District and Sessions Judge extended the interim bail of former first lady Bushra Bibi and her husband Imran Khan in the Toshakhana and six other cases. Additional District and Sessions Judge Tahir Abbas Sipra of District and Sessions Courts Islamabad heard the bail application of Bushra Bibi’s Toshakhana fake receipts and Chairman PTI Imran Khan’s six cases.

Earlier, the statements of two witnesses including an official of the Foreign Office were recorded in the Special Court against former Prime Minister Imran Khan and PTI vice chairman Shah Mahmood Qureshi in cipher case.

Special Court (Official Secrets Act) Judge Abual Hasnat Zulqarnain presided over the hearing at the Adiala district jail, Rawalpindi. The court adjourned further hearing till November 17. The PTI leaders’ legal teams and relatives as well as the FIA’s team reached jail. Barrister Salman Safdar, Umair Niazi, Sikander Zulqarnain and Khalid Yousuf Chaudhry appeared as Imran’s counsels while Barrister Taimur Malik and Faiza Shah were among Qureshi’s lawyers. Zulfiqar Abbas Naqvi and Shah Khawar were among the prosecutors. Limited family members of both the accused were allowed including Shah Mahmood Qureshi’s daughters Gauhar Bano and Mehr Bano, as well as the ex-premier’s sisters Aleema Khan, Dr Uzma Khanum and Naureen Khanum.

Talking to the media after the six-hour-long hearing, Qureshi’s lawyer Barrister Malik said statements of two witnesses, including an official of the Foreign Office were recorded in the court. He said the defence team requested the provision of FO’s transcript issued on April 25. “We have asked the judge to provide us copies of all the documents submitted as case records,” Malik added.

Meanwhile, an Islamabad accountability court sought details from the National Accountability Bureau (NAB) if a notification had been issued for a jail hearing of the Al-Qadir Trust case against Imran.

Judge Mohammad Bashir presided over the hearing. At the outset of the proceedings, he asked the NAB prosecutor when he planned to present the former premier before the court. When the judge inquired if Imran was still in jail or had been shifted to NAB’s office, the prosecutor responded that it was not in his knowledge. The judge ordered the prosecutor to inquire about the matter and also see if there was a notification regarding the jail trial of the former prime minister. When reporters inquired about the case, the judge replied that only NAB could tell when the PTI chairman would be presented. When asked about the jail trial, the judge observed that if a notification had been issued, the hearing would be held in Adiala jail. Judge Bashir also asked if the reporters would go to the jail for coverage, to which they replied that they were not allowed. At this, the judge remarked, “There should be permission. This is why open courts exist. If there is a jail trial, then we will also do something about you all. Can’t we give reporters any entry pass, etc?” The reporters agreed they should be given access to cover trial proceedings while the judge noted, “This is the benefit of an open court that whatever the witness is saying, everyone can hear for themselves.”