A special court established under the Official Secrets Act will conduct the hearing of the cypher case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan inside the Attock Jail on Wednesday (today), where the former prime minister is currently lodged.
The hearing was announced as the Islamabad High Court (IHC) Chief Justice Aamer Farooq reserved his ruling on Imran’s petition, challenging the cipher case trial inside the Attock Jail and requesting his transfer to the Adiala Jail in Rawalpindi.
Sources said that special court Judge Abual Hasnat Zulqarnain would hear the cipher case.
However, they added, the hearing of a similar case against senior PTI leader Shah Mehmood Qureshi would be held in Islamabad.
The sources said that Qureshi, the senior vice chairman of the PTI, would be produced in court. They also said that the 14-day judicial remand of Qureshi would be completed on Wednesday (today).
Meanwhile, at the outset of the hearing of the PTI chief’s petition in IHC, his lawyer, Sher Afzal Marwat, raised the question that under what law the cipher case was transferred from the federal capital territory to Attock in Punjab.
He also read out the relevant notification issued by the law ministry.
Marwat argued that transfer of a trial from one province to another could be done only by the Supreme Court, adding that the chief commissioner of Islamabad or the federal interior secretary were not authorised to transfer the trial to any other province.
The lawyer contended that the PTI chief had been granted bail in the Toshakhana case but he still remained in judicial custody.
He stressed that there was no reason to keep Imran in Attock Jail. The ministry’s notification was aimed at keeping the PTI chairman in the Attock Jail.
Marwat said that the consent of the judge concerned was also necessary for any change in the venue of the hearing. He alleged that “malice” was behind the change in venue of the hearing, saying that it was not yet clear under what law the notification was issued.
To the points raised by Marwat, Additional Attorney General (AAG) Manoor Iqbal Dogal apprised the court that the ministry’s notification was issued for one time, adding that the court was transferred to Attock Jail to hear the cipher case on Aug 30.
He added that the ministry had only issued the no-objection certificate (NoC) and that the Rules of Business empowered the law ministry to issue notifications.
As the notification was issued for one-time, the AAG said, the petition had become ineffective.
Chief Justice Farooq remarked that jail trial was not something that had never happened before.
However, he asked the prosecutor to inform the court about the procedure of the jail trial.
Prosecutor Zulfikar Abbas Naqvi apprised the court the case had not been tried yet.
Naqvi also argued that the law ministry issued the notification as per the law, citing examples of two judges – Additional Sessions Judge Faizan Haider Gilani and Judge Raja Jawad Abbas – who were appointed on the same basis in the past.
Marwat said that it could not be stated that the notification had become ineffective. The chief justice also said that he did not agree that the petition had become ineffective.
It had to be decided under which authority the notification could be issued, he emphasised.
After hearing the arguments, the court reserved its decision on the petition.
Marwat apprised the court that the decision on his another request was also reserved. He added that his client suffered because of delay in the announcement of the decisions.
May 9 riots
The joint investigation team (JIT) completed its investigation into 14 cases related to the May 9 violence, and found the PTI chief guilty in 10.
The JIT completed a 2,000-page challan (indictment) in the main case against Imran.
According to the JIT sources, more than 400 evidences related to social media were found against Imran, adding that the elements of conspiracy were evident in the statements of 80 accused, allegedly directly involved in the attack on the Jinnah House, Lahore.
Read Imran’s cypher case hearing in Attock Jail today
(WITH INPUT FROM NEWS DESK)
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