IHC snubs Imran’s intra-court plea against jail trial

Court removes objections of registrar's office in cypher case

ISLAMABAD:

The Islamabad High Court (IHC) on Tuesday rejected PTI Chairman Imran Khan’s intra-court appeal against holding his trial in jail in the cypher case.

An IHC division bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat heard the matter.
During the hearing, deposed premier’s lawyer Salman Akram Raja, along with the registrar's office's objections on the intra-court appeal, appeared before the bench, taking the stand that his client had challenged the federal government’s notification dated Sept 29.

He argued that the federal government did not have the authority to issue a notification for conducting Imran’s trial in prison.

He apprised the court that the law ministry had issued a notification for the hearing of the PTI chairman’s cipher case in prison on the request of the interior ministry because of security concerns.

Justice Aurangzeb inquired whether or not the written request of the interior ministry was on record.

The PTI chief’s lawyer replied that the request of the interior ministry was not on the court’s record. He added that the notification of the prison trial was issued by the federal government on its own.

The lawyer contended that as it was an administrative notification, the competent authority to issue it was the Islamabad commissioner, and not the federal government.

The PTI chief’s lawyer said an IHC bench had declared that the federal government had the prerogative to appoint a judge of its choice.

He continued that the judges were judicial officers and the federal government did not have the authority to “pick and choose” them.

Justice Aurangzeb remarked that in this manner, the executive would interfere in the judiciary’s domain. He added that the IHC chief justice might form a new bench on the matter after its file was sent to him for marking after the removal of objections.

Justice Aurangzeb told the PTI chief’s lawyer that the court could not grant any interim relief to his client for now.
He also remarked that it would be decided later whether the petition was admissible or not.

“Rules cannot be violated for any person. We are currently removing the registrar office’s objections on your application,” the judge told the lawyer.

Raja apprised the bench that it was said that a jail trial was being conducted for the security of the PTI chief but neither was his client asked for it, nor had he sought it.

The IHC rejected the plea to stop the jail trial in the cipher case, removed the objections of the registrar office and sent the file to its chief justice.

Earlier this month, IHC CJ Aamer Farooq had ruled that keeping in view the security issue, a trial inside the jail was in favour of the PTI chief.

He added that Imran had expressed concerns about his security several times.

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