Former prime minister's lawyer said if the first order was unjustified and illegal, then there will be consequences.
Islamabad: Chief Justice of Islamabad High Court (IHC) Aamer Farooq Tuesday reserved the verdict on the petition of chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan against hearing cypher case in Attock Jail.
Earlier on previous hearing, the court had asked for an explanation of notification of the Ministry of Law, on which the Additional Attorney General took the information and informed the court.
Additional Attorney General Munawar Dagal told the court that change of venue in cypher case was only for one time. The court was shifted to Attock Jail on August 30 to hear the case, this notification was issued by the Ministry of Law and it was their authority. Ministry of Law issued an NOC that there was no objection to the change of venue.
Chief Justice IHC Aamer Farooq said: “Jail trial is not something that does not happen, tell us about the procedure of jail trial”.
Prosecutor Zulfiqar Abbas Naqvi said the trial of cypher case is not going on yet. The Ministry of Law has issued a notification for the transfer of court as per the law.
Additional Attorney General told the court that earlier two judges have been appointed on the same basis. Additional Sessions Judge Faizan Haider Gilani and Judge Raja Jawad Abbas have also been appointed in the same way.
Imran Khan’s lawyer Sher Afzal Marwat objected that it was said that notification has become ineffective, it cannot be said. The extent of ineffectiveness is that if you do it again tomorrow, then what will happen? It has to be decided under what authority the notification can be done.
The court has to see that accused is not being tortured, that is why it is said that accused is in judicial custody in remand. Court has to determine whether the notification was valid or not. It also inquired if anyone have an answer why Chairman PTI is in jail after suspension of sentence, why trial court judge went to Attock Jail on NOC. The judge did not use his mind and left, if the NOC of Landhi Jail comes tomorrow, will the judge leave Landhi?
Chief Justice of IHC reserved its decision after hearing the arguments against the Law Ministry's notification to hear the cypher case in Attock Jail.
On this occasion, the lawyer of chairman PTI requested that decision on another petition is reserved. We appeal that a reserved decision be given, we are facing difficulties due to the delay in decisions.
Chief Justice Amir Farooq replied: “I will pass the order on that too”.
Former prime minister's lawyer said if the first order was unjustified and illegal, then there will be consequences.
In response to our plea, saying that the notification has become ineffective is not enough. No one has any legal answer. Why PTI Chairman is in Attock Jail? Once the notification of Attock Jail is done, if Landhi Jail is notified tomorrow, will we go there?
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