ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued a stay order on PTI founder Imran Khan’s plea against in-camera cypher trial till January 11, citing “legal errors.”
The short order was passed by IHC’s Justice Miangul Hasan Aurangzeb on Imran’s petition challenging the in-camera cypher trial being conducted at Adiala Jail and subsequent developments, including the framing of charges and a gag order on the media.
During the hearing today, Attorney General for Pakistan Mansoor Usman Awan and Additional AGP Munawwar Iqbal Duggal appeared in court. The FIA’s prosecution team was also in attendance while PTI’s Barrister Salman Akram Raja attended the proceedings via video link.
The written order, Justice Miangul Hasan Aurangzeb said the special court judge was conducting the trial on a daily basis as per an earlier direction of the IHC but the same was set aside by the Supreme Court. It added that the special court judge was proceeding with a daily trial despite the apex court order and directed that further hearings be stayed “in order to prevent these proceedings from becoming fait accompli”.
The Special Court (Official Secrets Act) had begun the cypher trial afresh last week at the Adiala jail after Imran and former foreign minister Shah Mehmood Qureshi were indicted for a second time in the case on Dec 13.
The cypher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.
The former premier and his aide Qureshi, who is also behind bars, were first indicted in the case on Oct 23. Both had pleaded not guilty. Four witnesses had already recorded their statements when the IHC termed the government’s notification for a jail trial “erroneous” and scrapped the entire proceedings.
The IHC had endorsed Imran’s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a “fair trial”. On Friday, the Supreme Court had approved the post-arrest bails of Imran and Qureshi. While Imran remains incarcerated in other cases, it was expected that the PTI vice chairman would be released. However, Qureshi was manhandled and re-arrested outside Adiala jail by Punjab police yesterday in connection with a case pertaining to the attack on the General Headquarters (GHQ) in Rawalpindi on May 9.
Earlier in the day, the IHC, while hearing a PTI petition seeking an immediate stay order on the cipher trial, had issued a notice to the federation. At the outset of the proceedings, PTI counsel Salman Usman Gul sought an immediate stay order on the cipher trial. However, the request was rejected as Justice Miangul Hasan Aurangzeb said notices would be first issued to the respondents.
The court then issued a notice to the federation and sought its responses to the PTI petition. It also issued directives for all case documents to be submitted to the IHC. At one point, Justice Aurangzeb inquired if an authorised government officer could directly approach the court and file a complaint. Gul responded in the affirmative but highlighted that a first information report, not a complaint, had been registered in the cipher case. “The case is being heard daily. So far, statements of 25 witnesses have been recorded and three were cross-examined,” the lawyer revealed, adding that there were a total of 28 witnesses in the case.
Gul also requested that the IHC direct the special court to conduct the trial after five to six days. “The special court can complete the trial during this time,” he warned. However, Justice Aurangzeb said the court was first issuing notices and adjourned the hearing.
