IHC declines to stop cipher case trial

Court reserves decision on PTI chief’s bail plea


Fiaz Mahmood October 27, 2023
Photo: File

print-news
ISLAMABAD:

The Islamabad High Court (IHC) on Thursday rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s request for stopping the cipher case trial, being conducted by a special court formed under the Official Secrets Act (OSA), and reserved its ruling on his bail application.

At least three different benches of the IHC heard various petitions filed by Imran.

One of the benches comprising Chief Justice Aamer Farooq heard the petition for stopping the cipher case trial and against the indictment of the PTI chairman.

Imran’s lawyer Salman Safdar argued that they had been provided the copies of the challan on Oct 17, while the court Indicted Imran on Oct 23, without giving a seven-day time. He added that the copy of the cipher was not part of the challan, therefore, they did not know what the charges were.

In his ruling, the chief justice turned down the PTI chief’s plea for staying the trial. However, on the issue related to the indictment of the accused, the court said that the petitioner had the right to a transparent trial.

The court also reserved its ruling on Imran’s bail application.

Read Imran, Qureshi indicted in cypher case

Meanwhile, another IHC bench comprising Justice Miangul Hassan Aurangzeb and Justice Arbab Muhammad Tahir, disposed of the request of the PTI chairman regarding his meetings with his lawyers and family members at the Adiala Jail.

PTI’s lawyer Sher Afzal Marwat apprised the court that the Adiala Jail superintendent had prepared a new schedule of the meetings to provide relief to the PTI chairman, including the addition of the names of more lawyers for the meetings. He added that now 10 lawyers had been allowed to meet Imran.

The lawyer stated that the they had requested for meetings six days a week, however, the superintendent had allocated two days for the meeting with the lawyers and one day for the family members. He stressed that Imran’s meeting with his wife Bushra Bibi should be allowed for two days.

Marwat then apprised the court that Imran complained to him in a meeting that there was no privacy in his meeting with his wife.

Justice Aurangzeb remarked that those methods were old-fashioned and the same had happened with former prime minister Benazir Bhutto and others.

Additional Attorney General Munawar Iqbal Duggal said that the meetings with Imran should not be misused for political purposes outside the jail. Duggal, to a court query, explained that he was talking about the meetings with the lawyers.

The court disposed of the PTI chairman's request. Justice Miangul Hassan Aurangzeb remarked that Imran’s meetings with his lawyers should be “purposeful and meaningful” in which legal advice was given.

Yet another IHC bench comprising Justice Aurangzeb and Justice Saman Rifat Imtiaz took up the matter related to recording the statement of former adviser to prime minister on Accountability Shahzad Akbar via a video link in the Al-Qadir Trust case.

Read more IHC allows lawyers to meet PTI chief in jail

The National Accountability Bureau (NAB) opposed the statement via a video link, saying that Akbar was an accused and his arrest warrants had been issued. NAB Prosecutor Sardar Muzaffar Abbasi also said the facility of recording statement via a video link could only be given to witnesses.

Akbar’s lawyer Qasim Wudood apprised the court that his client should be allowed to record his statement via a video link from the Pakistani Embassy.

He added that Akbar was ready to answer all the questions of NAB. He added that Akbar had already given written replies to a NAB questionnaire.

Wudood said that Akbar was being pressurised, as his brother was picked up and kept in custody for two months. Abbasi said that NAB had nothing to do with this matter.

Justice Aurangzeb asked the lawyer to bring Akbar’s brother to court, otherwise, the court would not include him in its order. Wudood said that Akbar wanted protection from the court.

Justice Aurangzeb remarked that if Akbar came to Pakistan, the court would provide him protection. He then instructed Wudood to present arguments and come to the court prepared on the next hearing.

Separately, PTI’s lawyers Sardar Latif Khosa, Umair Niazi, Gohar Ali, Naeem Haider Panjotha and others met the PTI chairman for about an hour at the Adiala Jail and discussed with him the legal issues pertaining to his cases.

Meanwhile, the cipher case against the PTI chairman and former foreign minister Shah Mahmood Qureshi will be heard on Friday (today).

Statements of official witnesses against Imran and Qureshi will be recorded. Special Court Judge Abual Hasnat Zulqarnain will hear the case at Adiala Jail.

The court had summoned 28 witnesses of the government. The Federal Investigation Agency team will present the witnesses. After the statements, the lawyers will cross-examine them.

Strict security arrangements have also been made outside the jail.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ