Judge hearing cypher case goes on leave

PTI to withdraw plea; decides to move IHC

ISLAMABAD:

The special court judge, Abul Hasnat Zulqarnain, who is presiding over the cypher case against PTI Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi, has gone on leave, it was revealed on Monday.

Imran's lawyer, Naeem Haider Panjotha, informed the media that the legal team discovered the judge's absence when they arrived at the court premises. They were informed that the judge would be on leave for a week.

However, reports indicated that the judge's leave will last until September 9 (Saturday).

Read Court defers hearing on Imran’s bail plea

The PTI chief’s lawyer further stated that the legal team requested Administrative Judge Raja Jawad Abbas to preside over the case, however, Abbas refused as he did not have the authority to hear the case.

The legal team further argued that if an ATC judge could be authorised to hear a special court case, then the administrative judge should also have that authority. However, their request was denied.

Due to the rejection of their plea, the legal team had decided to withdraw it to approach the IHC to determine which judge should hear the case while the special court judge was on leave.

Panjotha expressed disappointment and compared it to the Toshakhana case, which was heard even during holidays, and complained that his client was not receiving a fair trial. “The courts should not have this demeanour.”

Meanwhile, Judge Abbas, while interacting with the PTI chief’s legal team, admitted that he did not have the jurisdiction to hear the case. He clarified that only the special court judge had the authority to hear the case unless the IHC granted him the power to do so.

He acknowledged that while he could hear cases from the other 24 courts, the cypher case was different.

It is pertinent to note that the cypher case revolves around a missing diplomatic document allegedly held by the former prime minister, which allegedly contained a threat from the United States to remove him from power. The PTI has claimed that the case is politically motivated.

Read more Decoding the cipher

Proceedings against Qureshi, the former foreign minister, are also ongoing in the same case.Following the suspension of Imran's three-year jail term in the Toshakhana case, it was discovered that he had been kept in judicial remand in the cypher case, which was then extended until September 13.

On the same day, Imran filed a petition with the Islamabad High Court (IHC) against the appointment of Judge Zulqarnain, an anti-terrorism court (ATC) judge, to the special court created for cases filed under the Official Secrets Act.

He also applied for post-arrest bail in the special court, which was scheduled for a hearing on September 2. However, the hearing was postponed until Monday due to ongoing scrutiny of the special court's validity in the IHC.