Court to hear cipher case in camera on FIA’s plea

RAWALPINDI/ISLAMABAD: A special court established under the Official Secrets Act 2023 on Thursday approved the Federal Investigation Agency (FIA) plea to conduct an in-camera hearing of former Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan and Vice-Chairman Shah Mahmood Qureshi in the cipher case.

Special court Judge Abul Hasnat Zulqarnain announced the reserved verdict in the case. The court said that the family members would be given access to the courtroom during the hearing.

The court in its order said: “It is imperative that the members of the public would be excluded at any moment from the proceedings in the instant trial as per request of the prosecution. However, the family members of the accused persons shall be allowed to attend the proceedings subject to the condition that they shall not publish or cause to be published any evidence given or statement made during instant proceedings.

“Furthermore, today [Thursday]’s proceedings shall also not be published in any manner whatsoever including on print, electronic or social media. Pakistan Telecommunication Authority (PTA) and Pakistan Electronic Media Authority (Pemra) are accordingly directed to ensure the aforesaid directions. In case of any violation in this regard serious consequential proceedings would be dealt with in the light of the Official Secrets Act 1923,” the court added. During the hearing, Imran’s sisters and wife Bushra Bibi were also present in the courtroom.

Meanwhile, the Islamabad High Court rejected the former PTI chairman’s petition seeking an immediate stay order on the cipher trial, seeking reports from the former interior secretary Yousaf Khokhar and other respondents by Dec 20.

Justice Miangul Hasan Aurangzeb presided over the hearing, observing the court would review the plea once the parties had submitted their reports. Sikander Zulqarnain Saleem, the petitioner’s counsel, contended that the trial court judge did not have the notification for the jail trial being allowed when he fixed the date for the PTI leaders’ indictment on December 4.

He said, “Our stance is that when there was no notification for a jail trial in front of the judge, how could he pass an order after conducting a hearing?” The court inquired where was the government’s notification and whether it was issued later for the jail trial, to which the lawyer replied that he was not aware of it. Justice Aurangzeb remarked: “Why don’t you know that jail trial is taking place.”

The counsel said this is the mandate of the government, and not of the judge, to select a venue for trial. Justice Aurangzeb then stated that it was the judge’s authority to do so and that he could choose jail as the venue for trial but observed that it should be an open court. The counsel urged the court to issue a stay order immediately on the cipher trial, at which the IHC said it would decide the case after reviewing reports from the respondents. The court adjourned the hearing till December 20.