Pakistan
IHC issues injunction on jail trial of cypher case
The IHC ordered to stop the hearing of the cypher case in jail and adjourned the hearing till November 16.
Islamabad: The Islamabad High Court (IHC) Tuesday issued an injunction on the jail trial of the cypher case against Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan.
According to details, a bench comprising Justice Mian Gul Hasan Aurangzeb and Justice Saman Rifat Imtiaz heard the intra-court appeal against the jail trial of Chairman PTI's cypher case.
It is pertinent to note that single bench upheld the appointment of the judge under the Official Secrets Act.
Former Prime Minister Imran Khan also challenged the appointment of the judge of Official Secrets Act by filing an intra-court appeal against the single bench decision of the Chief Justice of IHC.
During the hearing, the Attorney General of Pakistan (AGP) Mansoor Usman Awan on the intra-court appeal while Chairman PTI's lawyer Salman Akram Raja completed his arguments.
Justice Mian Gul Hasan Aurangzeb said in the hearing that allowing a few members of the family to go for the hearing does not mean an open court. It cannot be called an open court proceeding as in the cypher case.
During the hearing, Attorney General Mansoor Awan said that the federal cabinet approved the jail trial of the cypher case, the notification of the federal cabinet's approval of the jail trial will be presented to the court.
Justice Mian Gul Hasan Aurangzeb stated that they will what has been written in the notification. If all the trials will be conducted in open court, then this trial will be an extraordinary trial. If there is a jail trial then it will be an extraordinary trial.
Attorney General said that this is not an extraordinary trial but only a prison trial.
During the hearing, Justice Mian Gul Hasan Aurangzeb added: “We want to know what were the unusual circumstances that this trial is being conducted in this way. You have to tell us what actually happened”.
The Attorney General replied that he will take the records from all relevant institutions and place them before the court.
Justice Mian Gul Hasan stated that apparently all the three notifications are not in accordance with the relevant rules of the High Court.
The court asked the attorney general that when and under what circumstances it was decided that there would be a jail trial.
Prosecutor Salman Akram Raja said that five witnesses are still present in the jail to record their statements.
Justice Mian Gul stated that there are many questions that need to be answered, the federal cabinet approved the jail trial two days ago, what were the reasons that the federal cabinet approved the jail trial? The most important question is what will be the status of the court proceedings before approval.
The IHC ordered to stop the hearing of the cypher case in jail and issued a restraining order on the jail trial following the request of Chairman PTI. It also adjourned the hearing of the case till November 16.