The Islamabad High Court on Tuesday stayed in-prison trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi in the cipher case by a special court established under the Official Secrets Act (OSA).
A two-member bench comprising Justice Miangul Hasan Aurangzeb and Justice Suman Rifat Imtiaz also summoned the entire record of the jail trial within two days.
The court said that allowing a few family members to attend the hearing did not make it an open court hearing.
The IHC order came as the federal government approved the trial of Imran in the £190 million corruption case inside the prison.
In the same case, another IHC bench reserved its ruling on the restoration of Imran’s bail application in an accountability court of Islamabad.
During the hearing of Imran’s intra-court appeal against his jail trial and appointment of the special court judge in the cipher case, Justice Aurangzeb asked the prosecution to apprise the court that under which circumstances the decision of trial in jail was taken.
Justice Aurangzeb recalled that the trial of the accused in the Indira Gandhi assassination case was held inside a jail in India but even then, the journalists, including those who were from BBC, were allowed to cover it.
The judge also noted that the manner in which charges were filed in the cipher case could not be termed open court proceedings. He also held the view that the three notifications about jail trials were not in accordance with the IHC rules.
Attorney General for Pakistan (AGP) Mansoor Awan apprised the court that the federal cabinet had approved the jail trial in the cipher case.
The court said that it would be seen what had been written in the notification.
"We want to know about the unusual circumstances for this trial to be conducted in such a way," Justice Aurangzeb remarked. “If there is a jail trial, it will be an extraordinary trial.”
The AGP replied that it was not an extraordinary trial, as it was only a prison trial.
PTI chairman’s lawyer Salman Akram Raja apprised the court that there were five witnesses still present in the jail to record their statements.
Justice Aurangzeb remarked that there were many questions which needed to be answered.
The judge said that the federal cabinet approved the jail trial two days ago and the “most important question is what will be the status of the court proceedings” before the approval.
Later, the hearing of the intra-court appeal was adjourned till Nov 16.
A separate bench led by IHC Chief Justice Aamer Farooq and comprising Justice Tariq Mehmood Jahangiri heard Imran’s petition for restoration of his bail applications, which was earlier rejected by the accountability court in the £190 million scam and Toshakhana cases.
The chief justice remarked that the attitude of the National Accountability Bureau (NAB) in the matter was incorrect that led to a delay in the case; therefore, the court had to call a representative of the law ministry to resolve the matter.
NAB Prosecutor Mohammad Rafay said that the PTI chairman had been arrested in the £190 million scandal.
Imran’s lawyer Shahbaz Khosa said that the objection raised by NAB was not in the law.
To a court query, Khosa said that he was presenting his arguments in the case in which Imran had been arrested.
He said that the decision of the trial court to reject the bail application regarding Imran’s non-appearance was wrong.
He added that NAB had tried to mislead the court and requested the IHC to restore Imran’s bail applications in both the cases, including the Toshakhana one. Later, the court reserved its decision.
Remand
An accountability court on Tuesday withheld NAB’s request for the physical remand of Imran until Nov 17, ordering the graft buster to interrogate the accused in the £190 million corruption case inside the Adiala Jail.
Judge Muhammad Bashir heard the matter inside the jail hours after the federal cabinet approved Imran’s jail trial in the £190 million corruption case through a circulation summary, moved by the law ministry.
After the approval, the ministry issued the notification of the jail trial.
After the notification, Judge Bashir reached the Adiala Jail but at that time the proceedings of the cipher case were under way. Therefore, the judge had to wait till afternoon, until the cipher case proceedings were over.
Judge Bashir heard the lawyers for NAB and the PTI chairman for about two hours, according to sources. During the hearing, NAB prosecutor requested for a 10-day physical remand of Imran, which was opposed by the PTI lawyer.
The court was informed about a pending matter in the IHC regarding the restoration of Imran’s bail applications.
The court ordered that the PTI chairman would remain on judicial remand till Nov 17 while NAB could investigate him inside prison.
According to a source, the PTI chief also addressed the court, saying that he had no personal benefit from the Al Qadir Trust, which was associated with the alleged £190 million scandal.
The judge later adjourned the hearing till Nov 17 in view of the pending IHC proceedings.
Earlier, a special court, established under the OSA continued the proceedings of the cipher case at the Adiala Jail.
Imran and Qureshi were both present in the court of Judge Abual Hasnat Zulqarnain.
The family members of both the accused were also allowed to witness the hearing for the first time.
During the hearing, the statements of the two government witnesses were recorded, while one witness was cross-examined.
Later, the hearing was adjourned till Nov 17.
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