IHC favours cypher trial in jail

Court directs Imran to approach trial court on the matter

ISLAMABAD:

The Islamabad High Court (IHC) on Monday disposed of a petition of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against his trial in the cipher case inside the jail premises, directing the petitioner to approach the trial court on the matter.

Announcing the reserved verdict on the PTI chief’s petition, Chief Justice Aamer Farooq said that keeping in view the security issue, trial inside the jail was in favour of Imran. He added that Imran had expressed concerns about his security several times.

The court further said in the judgment that there appeared to be no mala fide intention in the trial inside the jail premises. However, the chief justice added that if the petitioner had any reservations, he could approach the trial court.

The cipher case pertained to a document waved by Imran, the then prime minister, at a public rally in March last year, terming it an evidence of a foreign conspiracy behind the no-confidence motion he faced at that time. The motion was carried a few weeks later and Imran’s government ended.

Read OSA Section 5 doesn't apply to Imran, IHC told

The IHC last week, clubbed Imran’s other petitions, seeking dismissal of the case and stopping his trial by the Special Court, established under the Official Secrets Act (OSA).

On Saturday, the PTI chairman filed another plea in the IHC seeking exemption under the Article 248 of the Constitution.In the petition, it was stated that the Section 5 of the OSA did not apply to the cipher case. The court had issued a notice to the FIA and sought its response by Monday. The court also clubbed the petition with Imran’s other pleas against the case.

Imran other petitions, including his bail application were taken up the IHC on Monday. During the hearing, the Federal Investigation Agency (FIA) special prosecutor Rizwan Abbasi presented the chain of custody of the cipher in the court.

The special prosecutor said that former foreign secretary Asad Majeed and former principal secretary to prime minister Azam Khan were the main witnesses, besides three statements by experts had also been included in the case.

Abbasi said that the petitioner was seeking immunity under the Article 248, but added that this article did not apply to him. On an objection raised by PTI lawyer Salman Safdar, the chief justice remarked that he only wanted to understand the chain of custody of the cipher.

Read more Leaked cypher: PTI renews call for High-powered Judicial commission

Imran lawyer Sardar Latif Khosa argued in the court that no one had denied the text of the cipher. He added that the prime minister was the representative of the people, he had to see how to have the country’s relations with other states.

Khosa also pointed out that the cipher was declassified by the federal cabinet. Concluding his arguments, Khosa requested the court to dismiss the cipher case against the PTI chairman lodged under the OSA and stop the trial. Later the court reserved its ruling.

Separately, an Islamabad court heard the case pertaining to the intimidation of a female judge by Imran Khan. At the outset of the hearing, Judicial Magistrate Mureed Abbas, asked about the presence of Special Prosecutor Rizwan Abbasi in the court.

An assistant prosecutor informed the court that Abbasi was busy in the IHC. The judge said that he would wait for the prosecutor to come to the court. He said that he had cleared the court schedule for his hearing, and adjourning the case to another date would be injustice to the other litigants.

However, the court adjourned the hearing until October 24, as Abbasi did not reach the court.