Ahead of the high-profile hearing of the case at Adiala Jail, former prime minister Imran Khan on Monday moved the Islamabad High Court (IHC), challenging the decision of the trial court to distribute challan (charge-sheet copies) in the cypher case.
The petition, filed via Advocate Khalid Yusuf Chaudhry, prays the IHC to nullify the trial court's December 4 ruling, citing discrepancies in line with Section 13(6) of the Official Secrets Act.
On Dec 4, a special court established under the Official Secrets Act (OSA) ordered the indictment of the former prime minister and former foreign minister Shah Mehmood Qureshi in the cypher case.
During a hearing of the case inside the Adiala Jail, Judge Abul Hasnat Zulqarnain had rejected all the objections raised by the defence lawyers, distributed copies of the challan among the accused persons and adjourned further proceedings till December 12 (today).
As per the challan papers, both Imran and Qureshi were charged under sections 5 and 9 of the OSA. These provisions entail the possibility of the death penalty or life imprisonment.
Indictment today
Meanwhile, the former prime minister and former foreign minister are set to face charges today in the cypher case registered under the Official Secrets Act.
The special court established within Adiala Jail will host the hearing starting at 9:30 am.
The anticipation surrounding this case, which has captured national attention, will witness the commencement of statements from official witnesses against the accused on subsequent dates.
Ahead of the high-profile hearing, the Adiala Jail administration has revamped the community room, designating it as the special court venue.
The courtroom is fortified with high transparent walls ensuring visibility but preventing direct communication with the accused. The glass partition stands at a height of six to seven feet, limiting any interaction with the individuals on trial, including media personnel.
Judge Abul Hasnat Zulqarnain, presiding over the special court, will oversee the proceedings. Individual charge sheets have been prepared for both accused parties, with the judge slated to formally present these charges and furnish copies to the defendants.
Read also: IHC rejects Imran's plea to withdraw appeal against disqualification in Toshakhana case
The chargesheet, prepared under Sections 5 and 9 of the Official Secrets Act of 1923, holds severe penalties upon conviction, including death, life imprisonment, or a minimum sentence of 14 years behind bars.
To expedite the case, which is being viewed as one of the most important cases in the nation's history, judicial sources said the case would be wrapped up in a rigorous four-week timeline for its adjudication. Discussions between legal representatives and prosecutors suggest a probable hearing schedule of two to three days per week.
Representatives from the Federal Investigation Agency (FIA) team, Zulfiqar Abbas Naqvi, and Rizwan Abbasi are set to participate in the proceedings.
Additionally, family members including Bushra Bibi, Aleema Khan, Noreen Khanum, Uzma Khanum, and the family members of Shah Mehmood Qureshi are expected to be present within the courtroom premises today.
In a parallel development also on Monday, the Islamabad High Court decided to reserve its verdict on the petition filed by Imran Khan, requesting a suspension of the trial's verdict in the Toshakhana case.
A two-member bench, led by IHC Chief Justice Aamer Farooq alongside Justice Tariq Mehmood Jahangiri, presided over the hearing.
Read: Aitzaz slams 'persecution' of Imran in cypher case
Meanwhile, Justice Aalia Neelum of the Lahore High Court (LHC) on Monday referred a petition, filed by the ex-PTI chief against his jail trial in a contempt case by the Election Commission of Pakistan (ECP), to the LHC chief justice with a request to fix it before a full bench for hearing.
The judge observed that important law points had been raised through the petition and it would be appropriate if a full bench heard it.
The court further directed to attach necessary documents with the petition, highlighting the missing notification for jail trial.
Imran Khan submitted that the ECP had ordered to conduct the trial at Adiala Jail due to security concerns. He submitted that a jail trial was a violation of Article 10-A of the constitution, which guarantees the right to a fair trial and due process of law.
He asked the court to set aside the ECP decision and direct it to hold an open and public trial.
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