Open court vs video link: Imran Khan’s legal battle for transparent trial

The case of GHQ has hit another road bump, this time over WhatsApp. Founder of Pakistan Tehreek-i-Insaaf Imran Khan was ordered to attend the trial through videolink in the last hearing, which Imran vehemently opposed. Imran's lawyers and Imran himself announced their boycott of the case proceedings and have petitioned the Lahore High Court to allow Imran to be able to physically present during hearings.

Imran's lawyers, Salman Akram Raja, challenged the Home Department's notification in Lahore High Court (LHC) on Tuesday. The petition argued that under Article 10A of the constitution, a fair trial is mandatory.

The petition requested that the video link trial be declared illegal and unconstitutional, and that all proceedings recorded via WhatsApp link be rendered null and void.

According to the petitioner, in a jail trial, the accused, lawyers, and family are present, allowing proper consultation. However, video link and WhatsApp trials violate fair trial rules. The petition emphasised the urgent legal points and requested an expedited hearing.

The request details that for a fair trial, Imran needs to be produced from jail before the court, and that the remaining half of the trial, which has already partially taken place via jail hearings, be conducted as an open jail trial.

The petition’s initial hearing is expected on Wednesday, September 25, before a division bench of Justice Sadaqat Ali Khan and Justice Waheed Khan.

Read: When was the last time you saw Imran Khan?

Address to the media

After boycotting the court proceedings, PTI founder’s lawyer Salman Akram Raja told the media that Imran was presented via video link in court in the last hearing on September 19, but both the audio and video were poor. They requested to speak with the PTI founder, but due to the weak connection, communication was not possible.

He said it is not possible to discuss certain matters openly in court, as some points cannot be made in public. The PTI founder is unaware of what is happening in the courtroom, and they have filed a petition in court, stating that they cannot participate in the trial under these conditions.

Salman Akram Raja said the trial, as it currently stands, mocks the legal concept of a fair trial. He emphasized that the trial should be held in an open court, allowing the accused to consult with lawyers and observe the witnesses. The accused has the right to confront witnesses directly, creating accountability.

He stated that the PTI founder has been deliberately isolated in a closed room so he cannot see the proceedings. “We walked out and will not participate in this trial as long as it continues this way. We have also filed a petition in the Lahore High Court Rawalpindi Bench and hope it will be heard soon,” he added.

He noted that in the Cypher case, Islamabad High Court (IHC) had declared a similar trial illegal. If lawyers are present, legal consultation is possible. “The trial has been ongoing for one and a half years, and using a video link is an attempt to isolate the PTI founder,” he said.

Raja added that there is no reason for witnesses and lawyers to be present in court while the PTI founder is on a video link. “During jail hearings at Adiala, everyone is present, and the PTI founder can communicate and consult freely with everyone there.”

GHQ attack

An anti-terrorism court (ATC) in December 2024 indicted former prime minister Imran Khan and other PTI leaders in connection with the May 9, 2023, attack on the General Headquarters (GHQ).

Earlier this year, Imran Khan was arrested in the GHQ attack case, and soon after, his release warrant was issued in the cypher case. Express News obtained a copy of the GHQ attack case report, which outlines 27 severe charges against Imran Khan and other accused individuals.

Read more: Imran Khan indicted in May 9 GHQ attack case

The report alleges that, under the leadership of former Provincial Law Minister Raja Basharat, the accused stormed the GHQ gate, causing significant property damage despite being warned by military personnel to stop.

The accused are also alleged to have broken into sensitive areas of GHQ, set fires, thrown petrol bombs, and created chaos within the premises.

According to the report, chants such as "No Pakistan without Khan" and "Behind this terrorism is the uniform" were allegedly raised, targeting military personnel and attacking the reputation of Pakistan’s armed forces.

The investigation report states that attacks were also made on sensitive ISI and GHQ offices, characterizing the protest as a criminal conspiracy.