Daily Times

The Islamabad High Court (IHC) on Thursday stayed the in-camera trial of former prime minister Imran Khan in the cipher case till January 11 citing “legal errors”.

Justice Miangul Hasan Aurangzeb passed the short order on a petition by Imran challenging the trial. During the proceedings, Attorney General of Pakistan Mansoor Awan and Additional AGP Iqbal Duggal appeared in court along with FIA’s prosecution team, while PTI counsel Salman Akram Raja attended via video link. Justice Aurangzeb asked why were in-camera proceedings being held when the court had ordered an open trial. He also said that the matter of security is not the jurisdiction of the court.

He also observed that family members and the media were allowed to attend the hearing, but a petition has once again been filed stating that the proceedings have been declared in-camera. AGP Awan clarified that only the witness testimonies were being held in-camera and not the entirety of the trial. He elaborated that testimonies of 13 witnesses had been recorded out of 25 and two had been cross-examined.

“The defence has not cross-examined 10 witnesses,” said Awan and added that the media were not allowed after 13 witness testimonies were recorded. The court then inquired if family members were still allowed to attend the hearing and how was the media not allowed when the trial court order had not been challenged.

Awan replied that people were asked to leave when testimonies were being recorded and were allowed back when the process was completed. Justice Aurangzeb said “this does not look like an open trial” when people are asked to leave and then return to the courtroom. The AGP argued that the witness list included three officials of the foreign ministry who had deciphered and received the cipher. He added that the government would approach the court to record the statement of the secret document’s custodian as well. To this, Justice Aurangzeb said that he tried to explain multiple times to the trial court judge and the prosecution regarding an open trial, and added that the law being used dates back to when the country did not even exist.

The judge then asked how many witnesses had recorded their statements when the apex court granted bail to Imran and Qureshi in the case. The AGP replied that 13 testimonies had been recorded. Justice Aurangzeb then observed that the SC had noted that the evidence in the case was insufficient.

He also observed that there was “inaccuracy” in the special court judge’s decision. When the FIA prosecutor read out the Criminal Law (Amendment) Bill, 2023, Justice Aurangzeb maintained there were legal errors present in the case.

PTI counsel Raja stated that the testimonies of witnesses were already available online as everything was written in the court’s certified copy of the order. He added that the certified copy is a public document.

Justice Aurangzeb, reiterating his earlier observation, adjourned the hearing till January 11 and later issued and interim order and barred the special court from proceeding till the next hearing of the petition.

Earlier in the day, the IHC heard a separate PTI petition seeking a stay order on the cipher trial. The court had, however, issued notices to the respondents and the federation.

The plea, challenging the trial court’s December 12 order, was heard by Justice Miangul Hassan Aurangzeb.

Imran’s lawyer, Salman Usman Gul, urged for the immediate cessation of the trial, however, the request was rejected as Justice Aurangzeb stated that notices would first be issued to respondents, and the matter would be examined later.

The court then inquired from the defence counsel if an authorized government officer could approach the court and file a complaint. The PTI counsel highlighted that a first information report, and not a complaint, had been registered in the case.

He added that the case is being heard daily and 25 witnesses have recorded their statements, out of which three have been cross-examined.

The counsel further requested that the IHC instruct the special court to conduct the trial after five or six days as it can “complete the trial during this period”.

Justice Aurangzeb then adjourned the hearing and said notices would be issued first.