IHC issues notices to govt in Imran’s appeal against jail trial
ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Thursday issued notices to the authorities concerned on the hearing of an appeal seeking trial of former prime minister Imran Khan in the cipher case in an open court.
The IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, was hearing the former prime minister’s intra-court appeal against a single-member bench’s decision that had approved Mr Khan’s jail trial and the appointment of the judge for the Special Court of the Official Secrets Act.
Initially, the division bench, comprising Justice Aurangzeb and Justice Babar Sattar, took up the appeal. However, Justice Sattar recused himself, saying his stance on the custody of the under-trial prisoner is different.
Chief Justice Aamer Farooq reconstituted the bench, including Justice Arbab Mohammad Tahir. But Justice Tahir also recused himself from the case for the same reason.
Subsequently, the matter was placed before the bench comprising Justice Aurangzeb and Justice Saman Rafat Imtiaz.
During the hearing, the bench perused the summary for the appointment of Judge Abual Hasnat Zulqarnain as judge of the Special Court of the Official Secrets Act.
The court was told that the federal cabinet on June 27, 2023 empowered Anti-Terrorism Court Judge Zulqarnain to hear the cases related to the Official Secrets Act.
Barrister Salman Akram Raja, the counsel for Mr Khan, argued that the appointment of the judge for the special court could have been made with prior consultation with the IHC chief justice but the existing appointment had been done by the federal government without consulting the chief justice.
Justice Aurangzeb remarked that the IHC registrar might be asked regarding the consultation.
Barrister Raja argued that, since this matter related to the central government, the consultation of the chief justice of Pakistan was also required.
He further argued that Mr Khan’s family and media are not allowed to witness the court proceedings which are being conducted in a tiny cell of Adiala jail.
He pointed out that the under-trial prisoner had certain rights that are not being observed in this case.
Justice Aurangzeb remarked that this is 2023, and this is an era of transparency and openness. He also questioned the consequences of the verdict in jail trial.
The court adjourned hearing till Nov 6.
Meanwhile, the Special Court (Official Secrets Act) allowed the application seeking transfer of former foreign minister Shah Mehmood Qureshi to hospital due to infection in the gallbladder.
JIT visits Adiala jail
Separately, a joint investigation team (JIT) led by Rawalpindi police recorded Mr Khan’s statement in Adiala jail in cases related to the May 9 violence.
According to sources, police officials from Gujranwala, Faisalabad, and Kasur also visited the Adiala jail to record the PTI chairman’s statements.
According to sources, a police team led by the SP investigation of Rawalpindi police, along with senior superintendent operation, SP Potohar, and investigating officers from Newtown police station, RA Bazar police station, and Civil Line police station, reached Adiala jail to record the PTI chairman’s statement in cases registered with Rawalpindi police regarding the May 9 cases.
Mr Khan’s lawyers were present to provide him legal support, the sources added.
The PTI chairman denied the allegations mentioned in the FIR, and the JIT left the jail about an hour and a half.
It’s worth noting that the main case is related to the GHQ gate attack in Rawalpindi.
Published in Dawn, November 3rd, 2023