An in-camera trial of charges framed under a 100-year-old law - Official Secrets Act - cannot be held, said ousted premier Imran Khan's lawyer Salman Safdar on Wednesday, terming the Federal Investigation Agency's (FIA) request “unconstitutional”.
He was speaking to the media while a special court conducted hearing of the case inside Adiala jail premises.
The hearing was held amid stringent security outside the prison premises, where Pakistan Tehreek-e-Insaf Chairperson Imran and former interior minister Shah Mahmood Qureshi are currently incarcerated, Safdar stressed that if the trial is to be held, it must be held before the public.
The counsel said he spoke to the ousted premier briefly today and the latter prohibited his legal team from entering into "any kind of deal". A more detailed conversation will be held with him tomorrow (Thursday), said Safdar.
He further said that charges under the Official Secrets Act are "serious". The matter of the PTI chief's arrest in this case was being kept secret and now attempts are being made to keep the trial secret as well, said Safdar, adding that this could not be.
Read Imran, Qureshi charge-sheeted in cypher case
The defence counsel stressed that the matter is pending before the high court and his team would appeal to the trial court to adjourn proceedings till it is decided on.
The hearing
In a first, a special court set up inside the premises of the Adiala jail heard the cypher case against Imran and Qureshi on Wednesday.
Judge Abul Hasnaat Zulqarnain presided over the proceedings and directed the prosecution to provide copies of the case challan to the accused, who are both currently incarcerated in the same prison and were produced before the court by jail authorities, at the next hearing on October 9, 2023.
At the outset of the hearing, the Federal Investigation Agency's prosecutor submitted a plea before the court seeking in-camera proceedings.
Read more Cypher case: Imran, Qureshi's judicial remand extended till October 10
At this, the court observed that citizens were not present in the courtroom as it is since the trial was being conducted inside the prison.
Meanwhile, the court rejected the defence counsels' plea to stay the proceedings.
The court observed that the bail pleas are yet to be heard in the high court and the same has reserved its verdict on the matter of in-camera proceedings.
There is no final decision by the high court hence the proceedings cannot be stayed, remarked the court.
Copies of the case challan were to be distributed to the accused today but were not.
The hearing was adjourned till October 9.
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