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On Tuesday, the Islamabad High Court rendered the jail trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the cipher case null and void. A division bench, comprising Justice Miangul Hasan Aurangzeb and Justice Saman Riffat, delivered the reserved verdict on an intra-court appeal filed by the former premier Khan.
Last week, the court had temporarily suspended trial court proceedings against the PTI chief while considering his intra-court appeal. The court asserted that, in exceptional circumstances, trials could be conducted in jail, highlighting that, according to the law, trials could take place either in a jail or an open court.
Moreover, it declared the notification of August 29 for a jail trial in the cipher case null and void, emphasizing that the November 13 notification, approved by the Cabinet, would not have retroactive application.
Despite this, the court affirmed the legality of the appointment of the Official Secrets Act special court judge overseeing the case.
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During the proceedings, Imran Khan’s lawyer, Salman Akram Raja, outlined the procedural requirements for a jail trial, emphasizing the necessity of a judge’s clear order and subsequent approval from the federal government and the high court.
Raja argued that the judge’s letter on November 8 did not constitute a judicial order, and even if the Cabinet’s approval process was followed from November 12, previous actions would remain illegal. He contended that the November 13 notification, despite Cabinet approval, lacked legal merit as it was issued without a judicial order.
Attorney General for Pakistan Mansoor Usman Awan acknowledged that a jail trial should not be conducted in a closed room and expressed agreement that anyone wishing to attend the hearing should be allowed.
Raja maintained that all proceedings of the jail trial in the cipher case were hitherto illegal, urging the court to obtain a judicial order and Cabinet approval for any future jail trials.
Responding to the court’s inquiry about legal irregularities, Raja asserted that the November 13 notification did not fulfill legal requirements due to the absence of a judicial order.
The court, following these arguments, reserved its verdict for later announcement, seeking the notification regarding the special court judge’s appointment and reports on alleged security threats to Imran Khan in a previous hearing.
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