ISLAMABAD: The Islamabad High Court (IHC) on Wednesday issued notice to the Federal Investigation Agency on a petition filed by ex-premier Imran Khan against his in-camera trial in jail.

Appearing before IHC Justice Miangul Hassan Aurangzeb, the counsel for Mr Khan, Salman Akram Raja, argued the judge of the Special Court (Official Secrets Act) had commenced the trial of ex-PM at Adiala Jail without completing due legal course. He said the jail trial was against the dictum laid down by superior courts.

Justice Aurangzeb advised the counsel to read the detailed order that declared his jail trial void.

Further hearing in the case was adjourned till Dec 28.

Last month, an IHC division bench had declared the decision to conduct jail trial and subsequent proceedings of the case illegal.

During the de-novo proceedings the judge is not only holding the trial in jail, but also declared it in-camera and banned media from reporting the court proceedings.

As the trial court judge declared the proceedings in-camera by invoking Section 14 of the Official Secrets Act, the petition argued an omnibus order that excludes the public from all parts of the hearing regardless of the nature of the proceedings or of the evidence to be tendered at a particular hearing was not permissible in terms of Section 14.

The petitioner termed the order “over-broad and having been made without proper application of mind and is liable to be set aside”. It said the prosecution failed to substantiate reasons for “an omnibus order excluding public from all hearings for the purpose of preventing prejudice to the safety of the state”.

It further said that the prosecution did not make cipher part of the challan submitted before the judge.

The petition stated the Special Court “impose a gag on all reporting with respect to the proceedings… the impugned order has unlawfully and without authority called upon PTA and Pemra to act as censors for the purpose of stifling expression through the electronic as well as social media”.

According to the petition, the impugned order violated the due process rights of the petitioner guaranteed by Article 10A of the Constitution.

The petition sought open trial in which public at large, including media, have access which is essential for justice to be done and for justice seen to be done.

Toshakhana case

Meanwhile, the accountability court of Islamabad conducted proceedings in Toshakhana reference in Adiala Jail and issued notices to Mr Khan and his wife Bushra Bibi.

The court adjourned the hearing till Dec 27, when the copies of reference will be distributed to the couple before their indictment.

The judge extended the bail of Bushra Bibi in the case till then.

The same court also adjourned the hearing on the post-arrest bail of Mr Khan in Al Qadir Trust corruption case till Dec 27.

Published in Dawn, December 21st, 2023